High Court of Judicature at Allahabad
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Smt. Raj Kaushilya v. Mahesh Chand & Others - SECOND APPEAL No. 2341 of 1978  RD-AH 4904 (1 March 2006)
Hon'ble Sunil Ambwani, J.
In this Second Appeal filed in the year 1978, respondent nos. 3 and 4 are still unserved. Steps were taken more than two occasions. Office report shows that summons sent to respondent nos. 3 and 4 were returned back with remarks, 'not known'. After this report dated 12.3.1992, the appellant was granted time again on 16.7.1992 to take steps. It is apparent from the order sheet that the appellant has not taken steps for last 14 years. Now the Second Appeal has come up with the office report that respondent nos. 3 and 4 are still unserved. The Second Appeal consequently abates against respondent nos. 3 and 4.
Since the respondent nos. 3 and 4 were defendants in the Suit, the entire appeal shall not abate and shall be listed for final hearing in the next cause list.
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