Appellants were dismissed for requisite prosecution after the first appellant refused to accept the Notice to Engage Counsel and the second appellant died without substitution of legal heirs.
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Court No. - 53
Case :- SECOND APPEAL No. - 2633 of 1979
Appellant :- Shri Ram Lila Gaushala Committee And Another Respondent :- Jawahar Lal Halwai And Others Counsel for Appellant :- R.P. Goel Counsel for Respondent :- V.K.Gupta
Hon'ble Vivek Agarwal,J.
As per Office note dated 08.01.2020, appellant no.1 has refused to accept the N.E.C. sent to it to engage another counsel and appellant no.2 has died.
As appellant no.1 has refused to accept the notice, it is deemed that after service of N.E.C., he is not interested in pursuing the appeal.
No steps have been taken to substitute the legal heirs of respondent no.2 and, therefore, appeal stands abated qua appellant no.2 and is dismissed for want of prosecution qua appellant no.1.
Lower court record, if any, be sent back immediately.
Order Date :- 9.1.2020 Ashutosh
Shri Ram Lila Gaushala Committee
Jawahar Lal Halwai
Vivek Agarwal
As recorded by the court registry
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