The High Court of Punjab and Haryana dismissed an appeal for non-prosecution as no representative of the deceased appellant appeared, and remaining appellants were unserved and had no known address.
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2023:PHHC:044427
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R-326 RSA No.1759 of 1991 Date of Decision : 24.03.2023
Fauja Singh (deceased) through LRs ....Appellants
VERSUS
Santokh Singh (deceased) through LRs ....Respondents
CORAM : HON’BLE MRS. JUSTICE ALKA SARIN
Present : None for the appellants.
Mr. Abhishek Thakur, Advocate for the respondents.
ALKA SARIN, J. (Oral)
On 14.02.2023 the following order was passed :
“None has been putting in appearance on behalf of the appellants. Let notice of the appeal be issued to the appellants, returnable 24.03.2023.”
As per office report, appellant No.1(i) is stated to have died. Appellant Nos.1(ii) and 1(iii) remain unserved as they are stated to have got married and not residing at the given address. None has come forward to be impleaded as legal representatives of appellant No.1(i). There is no other address of appellant Nos.1(ii) and 1(iii) available on the file .
In view of the above, this Court is left with no other option but to dismiss the present appeal for non-prosecution. Dismissed for non prosecution. Pending applications, if any, also stand disposed off.
( ALKA SARIN ) 24.03.2023 JUDGE jk
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
JITENDER KUMAR 2023.03.27 08:49 I attest to the accuracy and integrity of this order/judgment. Chandigarh
Fauja Singh (deceased) through LRs
Santokh Singh (deceased) through LRs
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
