Dismissed¶18

Ved Parkash (Since Deceased) Thr Lrs v. Suresh Kumar and Ors.

Punjab & Haryana HC29 Oct 2025RSA/1678/2019

Case brief

AI extract

What is this about?

Punjab & Haryana HC, Nidhi Gupta J., 29.10.2025 — RSA-1678-2019 (O&M): second appeal by defendant No.2 against ADJ Ludhiana reversal judgment dated 28.02.2018 dismissed for non-prosecution; failure to implead LRs of deceased appellant Ved Parkash, non-deposit of Rs.1,000/- cost, repeated adjournments; court not obliged to chase recalcitrant parties/counsel.

What did the court decide?

It is not for the Court to chase recalcitrant parties or their counsel to argue the matter, especially in litigation of such old vintage; valuable public time of the Court cannot be expended indefinitely on opportunities to a casually litigating appellant. ¶18

Ved Parkash (Since Deceased) Thr Lrs Vs Suresh Kumar and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

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RSA-1678-2019 (O&M) - 1 -

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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112 RSA-1678-2019 (O&M) Decided on: 29.10.2025

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Ved Parkash (since deceased) through LRs

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...Appellant(s)

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Vs.

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Suresh Kumar and others ...Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

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Present:Ms. Anju Bansal, Advocate for Mr. Sourabh Goel, Advocate for the appellants.

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NIDHI GUPTA, J.

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RSA-1678-2019 (O&M)

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Present Second Appeal has been filed by defendant No.2 against the judgment of reversal dated 28.02.2018 passed by the learned Additional District Judge, Ludhiana; whereby civil appeal filed by the defendant No.2 was partly allowed.

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It may first be pointed out that the present Second Appeal is of the year 2019. However, notice has not yet been issued in the same as the matter has been repeatedly adjourned either at request of; or due to non-appearance of learned counsel for the appellant. Order sheets show that on 20.03.2024, learned proxy counsel for the appellant had submitted before the Coordinate Bench of this Court that one of the LRs of Ved Parkash (appellant herein) had expired and sought time to bring on record the LRs of the said deceased. However, the said order has not yet been complied with till date. Accordingly, on the last date of hearing i.e.

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DIVYANSHI 2025.10.30 18:54 I attest to the accuracy and integrity of this document

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RSA-1678-2019 (O&M) - 2 -

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20.02.2025, cost of Rs.1,000/- was imposed upon the appellant while granting one more opportunity to implead the LRs. However, needful has not been done till date. Even the meagre cost has not been deposited till date. Even today, request for adjournment is made on behalf of the appellant.

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A bare reading of the above facts shows that the appellant has rather exhibited an utterly casual atÝtude in his pursuit of the present litigation. It is not for this Court to be chasing recalcitrant parties or their counsel to argue the matter before the Court; especially of such old vintage as the present one. It is to be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellant in the interest of justice. On the other hand, the appellant has adopted an utterly casual and careless approach. It is clear that neither the appellant nor his counsel is seriously interested in pursuing the present matter. Thus, this Court is left with no other option except to dismiss the same for nonprosecution.

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Ordered accordingly.

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Pending application(s), if any, shall also stand disposed of.

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29.10.2025

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Divyanshi

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(NIDHI GUPTA) JUDGE

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Whether speaking/reasoned: Yes/No Whether reportable: Yes/No