Court dismissed the appeal for want of prosecution after a pending period since 1979. It also observed that the appeal abated due to the death of the sole respondent, for which no substitution was made despite a notice issued in 2008.
Appeal dismissed for want of prosecution; acknowledged abatement due to death of respondent without substitution.
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Court No. - 53
Case :- SECOND APPEAL No. - 2067 of 1979
Appellant :- Gyanendra Kumar Goel Respondent :- Sri Jag Raj Saran Counsel for Appellant :- Shashi Kumar,Shashi Varma Counsel for Respondent :- Radha Krishna,Prakash Krishna
Hon'ble Vivek Agarwal,J.
None for the appellant and none for the respondent even when the list is revised.
The appeal is pending since 1979. It appears that the parties have lost interest in pursuing the appeal. Therefore, the appeal is dismissed for want of prosecution.
Even otherwise as per office report dated 23.9.2019 notice to sole respondent to engage another counsel has been issued by registered post, has been returned with the note that sole respondent has died. Till now no steps have been taken to substitute the legal heirs of sole respondent. It is apparent from the order dated 12.12.2008 that factum of death of sole respondent was noted by the Registry on 12.12.2008, therefore, despite lapse of 11 years time no steps have been taken for substitution, the appeal stands abated.
Order Date :- 8.1.2020 S.K.S.
2 issues framed by the court
Whether the appeal should be dismissed for want of prosecution or abated due to non-substitution of the deceased respondent.
What course this court ought to adopt given the death of the sole respondent and the lapse of over 11 years without substitution.
Gyanendra Kumar Goel
Sri Jag Raj Saran
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
