The Punjab & Haryana High Court dismissed an appeal for non-prosecution because the record of the case was unavailable due to water damage preventing reconstruction.
Liberty to revive the appeal as and when the record is available or such need arises.
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.
2023:PHHC:166161 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
231 FAO-393-1994 XOBJC-63-CII-2002 Date of decision: 21.12.2023
United India Assurance Co.
....Appellant
versus
Amri Devi and Ors.
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present : Mr. Suraj Mandhan, Advocate for Mr. Suman Jain, Advocate for the applicant.
AMAN CHAUDHARY, J (ORAL)
1. In terms of the order passed by this Court, response received from the Civil Judge (Sr. Division), Faridabad vide letter dated 03.03.2021 is that despite best efforts record of the case is not traceable as it was damaged by water entering into the record room long ago and that without particulars of the case, the file cannot be reconstructed.
2. Notice was issued to Mr. Pardeep Bedi, Advocate, Mr. N.K. Gautam, Advocate, Mr. Harsh Aggarwal, Advocate and Mr. Suman Jain, Advocate, Mr. R.S. Saini, Advocate, Mr. R.S. Chauhan, Advocate through email. Mr. Suraj Mandhan, Advocate appears on behalf of Mr. Suman Jain, Advocate and submits that despite best efforts, record is not available with the United India Assurance Co. as regards the present case is concerned.
3. In view of the above, this Court has no option but to dismiss the present appeal for non-prosecution. However, liberty to revive the same as and when record is available or such need arises.
(AMAN CHAUDHARY) JUDGE
21.12.2023 Hemant Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
HAMANT 2024.01.05 17:47 I attest to the accuracy and authenticity of this order/judgment
United India Assurance Co.
Amri Devi and Ors.
Aman Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
