The Court dismissed an appeal for specific performance of a contract as it arose from a previously dismissed suit. The sole appellant had died, and despite efforts to locate his legal heirs, the appeal proceeded without prosecution and was dismissed accordingly.
The appeal was dismissed for lack of prosecution.
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R.F.A. No.15 of 2006
16.03.2016
This appeal arises out of judgment dated 15.09.2005 passed by the Additional District Judge, F
TC No.III, Bhubaneswar in T.S. No.101/582 of 2002/2000 against the decree dismissing the suit
filed for specific performance of contract.
2. On an earlier occasion, i.e., 28.10.2015, as none had appeared for the appellant, thi
s Court directed Mr.D.K.Pani, learned Additional Standing Counsel to obtain instruction regard
ing whereabouts of the PLRs of the sole deceased appellant from the local Police Station.
3. Miss Mishra, learned Additional Standing Counsel, on the basis of information received
from IIC, Kharavelanagar PS, Bhubaneswar, submits that the sole appellant has died since long
and his only son, Litu @ Niranjan Panigrahi is working as an Engineer in USA. A copy of such
information/letter dated 10.03.2016 of IIC, Kharavelanagar PS, Bhubaneswar is produced before
this Court and the same is taken on record.
4. This is an appeal which arises out of a suit of specific performance of contract and t
he same has been dismissed since 15.09.2005. Though the appeal has been filed assailing the sa
id judgment and decree, no step was taken to get the matter listed for admission. Pursuant to
direction of this Court, Registry had also intimated for appearance of the appellant. In spite
of all such endeavours, address of the legal heir(s) of the deceased- appellant could not be
obtained.
Accordingly, the appeal is dismissed for non-prosecution.
K.R. Mohapatra, J.
2
1 issue framed by the court
Whether an appeal should be dismissed for non-prosecution when the appellant has died and legal heirs cannot be traced.
Legal heirs of the appellant
Respondent
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court