This was an oral order dismissing a second appeal under Order 41 Rule 11 C.P.C. because the appellant's counsel was unwilling to press the appeal after repeated adjournments.
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.
Patna High Court SA No.314 of 2008 (11) dt.07-12-2012 1
IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.314 of 2008 ====================================================== Smt. Punam Devi & Anr .... .... Appellant/s Versus Kapil Deo Singh & Anr .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Narendra Kumar Mr. Satish Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11 07-12-2012 On 13.08.2012, on the prayer of the appellants, the appeal was directed to be listed after one month. On 27.09.2012, again on the prayer of the appellants, the appeal was passed over. On 01.10.2012, on the prayer of the learned counsel for the appellants, the appeal was directed to be listed after two weeks and thereafter on 16.10.2012, on the prayer of the appellants, it was directed that the Second Appeal be listed under the same heading after Durga Puja Holidays. Again, after Durga Puja Holidays, on 21.11.2012, on the prayer of the appellants, the appeal was directed to be listed after two weeks. Again, on yesterday i.e. on 06.12.2012, the Second Appeal was passed over. Today, when this Second Appeal is called on for hearing under Order 41 Rule 11 C.P.C., time was prayed for on behalf of the appellants.
Patna High Court SA No.314 of 2008 (11) dt.07-12-2012 2
Considering the above facts, the prayer for time is refused. The learned counsel is not ready to press this Second Appeal. Therefore, this Second Appeal is dismissed under Sub Rule 2 of Rule 11 Order 41 C.P.C.
(Mungeshwar Sahoo, J)
Saurabh/-
1 issue framed by the court
Whether the prayer for adjournment under Order 41 Rule 11 C.P.C. should be allowed.
1 provisions across 1 enactments
Smt. Punam Devi & Anr
Kapil Deo Singh & Anr
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
