Single judge held that appeal abated due to death of appellant and lack of prosecution as mandatory application for condonation of delay was time-barred.
Appeal and applications disposed of; appeal abates.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRA-S-526-SB of 2011 (O&M) DATE OF DECISION :- August 11, 2017
Balvir Kaur ...Appellant
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present :- None for the appellant.
Ms. Jaspreet Kaur, AAG, Punjab. ***
In this case, appellant Balvir Kaur is stated to have died on 13.8.2014. Her husband Sukhwinder Singh had moved an application for permission to continue with the appeal. However, there is no representation on his behalf. That application was not filed within the prescribed period and an application under Section 5 of the limitation Act for condonation of delay of 50 days had been moved.
There is no representation on behalf of the applicant. Similar was the position on last date of hearing i.e. 3.3.2017 and previous to it i.e. 1.8.2016. It seems that applicant is not interested to further prosecute the appeal. Under these circumstances, appeal abates, whereas the application under reference is dismissed being time barred and for non prosecution.
The appeal and applications are disposed of accordingly.
(H.S. MADAAN) JUDGE
August 11, 2017 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Parvinder Singh 2017.08.16 10:34 I attest to the accuracy and integrity of this document Chandigarh
Balvir Kaur
State of Punjab
H.S. Madaan
As recorded by the court registry
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