The High Court recalled an order dismissing an application for non-prosecution because the applicants failed to bring legal heirs of deceased respondents on record within one month, subsequently restoring the matter to its original number.
Order dated 20.12.2021 recalled; matter restored to original number; notice to be issued.
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Executive Engineer & Anr. Vs. Gopi Chand & Ors.
CMP No.2047 of 2024 10.07.2024 Present: Ms. Sunita Sharma, Senior Advocate, with Mr. Anil Kapoor, Advocate, for the applicants. Mr. B.N. Sharma, Advocate, for respondents No.1 to 3, 5, 6 & 8.
CMP No.2047 of 2024
No reply is intended to be filed on behalf of respondents No.1 to 3, 5, 6 and 8.
The aforesaid matter had been dismissed for nonprosecution vide order dated 20.12.2021. The reason for dismissing the matter for non-prosecution being that no steps had been taken by the present applicants for bringing on record the LRs of deceased respondents No.4 and 7.
From a perusal of the record, it is evident that CMP(M) No.681 of 2021 stood filed way back on 08.07.2021, much prior to the date of passing of the aforesaid order, whereby the matter had been dismissed for non-prosecution.
By virtue of CMP(M) No.681 of 2021, legal heirs of deceased respondent No.7 were sought to be brought on record. Other than the aforesaid, learned counsel for the applicant has placed on record copy of life certificate w.r.t. respondent No.4, meaning thereby that respondent No.4-Satya Devi is alive.
Keeping in view the aforesaid facts, order dated 20.12.2021 is recalled. The matter be restored to its original number.
On taking steps within a week, issue notice to
respondent No.4, returnable within four weeks.
The application stands disposed of.
CMP(M) No.681 of 2021
On taking steps within one week, issue notice to LRs
of respondent No.7, details whereof have been given in para 2 of the application, returnable within four weeks. List thereafter.
(Bipin C. Negi) Judge
10th July, 2024 (Gaurav Rawat)
1 issue framed by the court
Whether the interim order dismissing the matter for non-prosecution should be recalled due to lack of prosecution by the applicants.
Executive Engineer & Anr.
Gopi Chand & Ors.
Bipin C. Negi
Gaurav Rawat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
