The High Court dismissed an appeal for non-prosecution because the case file was destroyed in a 2011 fire and neither the appellant nor the respondent could provide records. A period for recalling the order was granted.
Appeal dismissed for non-prosecution; three months granted for recalling the order.
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.
FAO-1036-1990
2023:PHHC:147155
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
231
FAO-1036-1990
Date of Decision: 20.11.2023
M/s Krishan Lal Labhi Ram
…Appellant VS
Bimla Devi and others …Respondents
CORAM : HON’BLE MR. JUSTICE AMAN CHAUDHARY
Present: None for the appellant.
Mr. S.S. Sidhu, Advocate for respondent No.3-Insurance Company.
AMAN CHAUDHARY, J (ORAL)
branch in the year 2011. This Court passed the following orders:
04.10.2019
“This file has been put up by the Registry as the same pertains to an appeal, the file of which was destroyed in a fire incident which took place on the High Court premises in 2011. No details regarding address of the appellant/respondents are forthcoming. It cannot even be fathomed as to which is the insurance company which is involved. Perusal of the papers put up before me reveal a note by Mr. Pardeep Bedi, Advocate, to the effect that he has returned the file to the Insurance Company.
Efforts be made by the Registry, to find out, at-least, the Insurance Company, which is a party to this appeal. Notice be issued to Mr. Pardeep Bedi, Advocate, for 07.04.2020, as well.” 8.7.2022
“As per office report, learned counsel has been informed telephonically as well as through email about the date fixed. However, neither is there any representation on behalf of the appellant, nor any body has tendered appearance on behalf of the respondent-Insurance Company.
Let notice be issued to the appellants for 20.09.2022.” 2.2.2023
“This is a burnt case. As per office report, letter was issued to counsel for the appellant to provide complete copy of the paper book in the Registry and in response thereto, he has stated that he has no such case in his office and he has returned all insurance MACT cases to the respective insurance company.
Accordingly, fresh notice be issued to the parties for 07.11.2023.”
HAMANT 2023.11.22 17:11 I attest to the accuracy and authenticity of this order/judgment
FAO-1036-1990
2023:PHHC:147155
-2-
2. Mr.S.S Sidhu, Advocate, who appeared on 07.11.2023 for the Insurance Company, had prayed for a week's time to get instructions, however, today, he has apprised the Court that there is no record available regarding the present matter in the office of the Company.
20.11.2023 Hemant
(AMAN CHAUDHARY) JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
HAMANT 2023.11.22 17:11 I attest to the accuracy and authenticity of this order/judgment
2 issues framed by the court
Whether the appeal can be disposed of given the destruction of the case file in a fire and lack of prosecution by parties.
Whether the appeal should be dismissed for non-prosecution under the circumstances.
M/s Krishan Lal Labhi Ram
Bimla Devi
Insurance Company
Aman Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
