A 2002 regular second appeal was dismissed for non-prosecution after counsel repeatedly pleaded no instructions and appellant No.2, though served, did not appear; appellant No.1 had died and no legal representatives sought impleadment.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
103 RSA-3384-2000 (O&M) Date of Decision : 17.12.2024
Malaghar Singh and Another ....Appellants
VERSUS
Raju alias Rajesh and Others ....Respondents
CORAM : HON’BLE MRS. JUSTICE ALKA SARIN
Present : None.
ALKA SARIN, J. (Oral)
“ On 20.08.2024 counsel for the appellants had
pleaded no instructions in the matter and notice was ordered to be issued to the appellants. Today also, learned counsel appearing on behalf of the appellants pleads no instructions.
As per the office report, appellant No.1 is reported to have died. Appellant No.2 stands duly served. However, none has put in appearance on his behalf despite service.
In the interest of justice, adjourned to 17.12.2024.
To be shown in the urgent list.”
JITENDER KUMAR 2024.12.18 09:02 I attest to the accuracy and authenticity of this document Chandigarh
RSA-3384-2000
-2-
not come forward to be impleaded as party in the present appeal. As noticed in the order dated 03.12.2024, counsel had pleaded no instructions in the matter.
( ALKA SARIN ) 17.12.2024 JUDGE jk
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
JITENDER KUMAR 2024.12.18 09:02 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Should the regular second appeal be dismissed for non-prosecution given counsel pleaded no instructions and no representative of the appellants appeared?
Malaghar Singh
Another
Raju alias Rajesh
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
