Regular second appeal dismissed for non-prosecution as both appellants were absent, one untraceable and the other deceased with no LRs on record. The court observed that a surviving cause of action could be pursued by seeking revival through an appropriate application.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA-2365-1993 (O&M) Date of decision: 23.02.2023
Sona Devi and another
...Appellants
Versus
Chandan and others
...Respondents
CORAM: HON'BLE MR.JUSTICE H.S. MADAAN
H.S. MADAAN, J. (Oral)
As per office report, notices were sent to both the appellants. Appellant No.1 is not traceable whereas appellant No.2 is reported to have expired. LRs of appellant No.2 have not approached this Court for being brought on record. Nobody has put in appearance on behalf of the appellants in the Court today. Therefore, the appeal stands dismissed for non-prosecution with the observation that if any cause of action survives to the appellants/their LRs then they may get the appeal revived by moving an appropriate application.
SUMIT KUMAR 2023.02.24 11:29 I attest to the accuracy and authenticity of this order/judgment
Sona Devi
Chandan
H.S. Madaan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
