Hon'ble Vivek Agarwal, J. dismissed the second appeal for want of prosecution as the sole appellant's counsel had died and no appearance was made by 14.1.2020 due to unreturned notice via registered post.
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Court No. - 53
Case :- SECOND APPEAL No. - 1999 of 1979
Appellant :- Kedar Nath Respondent :- Dr. L.P. Upadhyay And Others Counsel for Appellant :- R.P.Goel
Hon'ble Vivek Agarwal,J.
It is informed that Sri R.P. Goel who was appearing for the appellant is no more.
N.E.C. was issued to the sole appellant on 08.03.2019 by registered post.
As per the Office Report dated 13.01.2020, notice has not been received back after service as yet, therefore, service can be presumed as more than 30 days' time has lapsed when N.E.C. was issued.
Since, nobody is appearing for the appellant, appeal is dismissed for want of prosecution.
Let lower court record be sent back to the concerned Court forthwith.
Order Date :- 14.1.2020 Ashutosh
Kedar Nath
Dr. L.P. Upadhyay And Others
Vivek Agarwal
As recorded by the court registry
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