This is a procedural order from the High Court regarding Second Appeal No. 2411 of 1979. The court dismissed the appeal for want of prosecution as the appellant failed to engage counsel after non-receipt of N.E.C. despite 30 days' notice lapse.
Appeal dismissed for want of prosecution due to failure to engage counsel.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 53
Case :- SECOND APPEAL No. - 2411 of 1979 Appellant :- Gur Bux Lal Respondent :- Ajhar Mal And Others Counsel for Appellant :- V.K.Gupta,Manoj Kumar Gupta,R. Sahai Counsel for Respondent :- R.P.Goyal
Hon'ble Vivek Agarwal,J.
As per Office Report dated 08.01.2020, N.E.C. was issued to the appellant.
It is apparent from the record that amendment as was allowed in the cause title to substitute the legal heirs of the sole appellant on 05.05.2010 was carried out and, therefore, there is no question of there being proposed appellant.
Vakalatnama of Sri M.K. Gupta dated 08.03.2010 is on record.
However, it is informed by Sri Ashish Kumar Singh that Sri M.K. Gupta, has been elevated to the Bench. Therefore, N.E.C. was issued to the appellant no.1/1 on 29.03.2019.
As per Office Report, notice has not been returned back after service as yet.
Since more than 30 days' time has lapsed, when N.E.C. was issued by registered post to engage another counsel by the Office of the High Court and nobody is appearing for the appellant, it appears that appellant has lost interest in pursuing the appeal, inasmuch as, presumption of service can be drawn as 30 days' time has lapsed when N.E.C. was issued.
Accordingly, appeal is dismissed for want of prosecution as appellant has not taken any interest to engage another counsel to pursue the appeal.
Order Date :- 9.1.2020/Ashutosh
1 issue framed by the court
Whether the second appeal should be dismissed for want of prosecution due to failure to engage counsel after notice posted.
Gur Bux Lal
Ajhar Mal and Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
