Dismissed¶8
Mukharam Agarwal v. Sri Durgadas Kuthi & Ors.
Calcutta HCSA/400/2014
Case brief
AI extract
What is this about?
Dismissal of second appeal for non-prosecution/default: appellant did not appear despite service of notice; respondent nos.2 and 4 had died long before and could not be served; service reports of Assistant Registrar, OC Howrah PS and IC Uttarpara PS placed on record; order directed to be communicated to department and trial court. Practice value limited to procedure on service upon deceased respondents and dismissal for non-appearance; no merits, statute or precedent discussed.
What did the court decide?
The appeal was dismissed for non-prosecution because, despite service of notice, no one appeared on behalf of the appellant. ¶8