Dismissed¶22

Madan Lal v. M/S Shiv and Co.

Punjab & Haryana HC21 Jul 2025RSA/2432/2000

Case brief

AI extract

What is this about?

Madan Lal v. M/s Shiv and Company, RSA No. 2432 of 2000 (O&M), High Court of Punjab and Haryana at Chandigarh, decided 21 July 2025 by Justice Nidhi Gupta (oral). Second appeal dismissed for non-prosecution after 24+ years of pendency; appellant's advocate and respondent-side representative deceased; service attempts through Sarpanch and SHO failed; liberty granted to LRs of deceased-appellants to apply for revival within two months; pending applications disposed. No statutes or precedents discussed; speaking/reasoned: Yes; reportable: No.

What did the court decide?

Appeal dismissed for non-prosecution with liberty to the LRs of the deceased-appellants, if any, to move an appropriate application within 02 months for reviving the appeal, if so advised; pending application(s), if any, stand disposed of. ¶22

Madan Lal Vs M/S Shiv and Co. — Punjab & Haryana HC (2025) — LawSathi Research

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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212

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RSA No. 2432 of 2000 (O&M) DECIDED ON: 21^st July, 2025

Madan Lal

.....APPELLANT

Versus

M/s Shiv and Company

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.....RESPONDENT

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA.

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Present: None for the appellant.

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NIDHI GUPTA., J (ORAL)

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On the last date of hearing, following order was passed:

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‘‘As per office report, notice issued to learned counsel for the appellant has been received with the intimation that Shri Baldev Raj Kaushal, Advocate representing the appellant has already died and notice issued to the appellant has been received back unserved due to incomplete details. The office report further depicts that the partner, who was representing the sole respondent company has also expired and there is no application regarding impleading LRs of the respondent.

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In the interest of justice, let actual date of hearing notice be issued to the appellant for 21.7.2025. Registry shall also make an effort through the Sarpanch of the concerned village as well as SHO of the concerned area to effect service upon the appellant, so that effective steps can be taken to dispose of the matter.’’

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As per office report received the sole respondent has died

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and no application for impleading his LRs has been filed by counsel and notice issued to appellant has been received back unserved due to incomplete details. Fresh notice issued to appellant through Sarpanch has been received back with report that Sarpanch has refused to accept notice and affixation made. Notice issued to appellant through SHO has not been received back served or otherwise.

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REEMA SAINI 2025.07.22 10:35 I attest to the accuracy and integrity of this document High Court, Chandigarh

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RSA No. 2432 of 2000 (O&M)

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-2-

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In the aforesaid premise, issuance of fresh notice to appellants would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court for a period of more than 24 years, the appellants or their LRs have lost interest in pursuing the same, as no attempt has been made by them to contact their counsel or to engage a new counsel.

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Be that as it may, in view of the foregoing circumstances, the instant regular second appeal is dismissed for non-prosecution, with liberty to the LRs of the deceased-appellants, if any, to move an appropriate application within a period of 02 months from today for reviving the same, if so, advised.

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

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21^st July, 2025 reema Whether speaking/reasoned Yes Whether reportable No

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(NIDHI GUPTA) JUDGE

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REEMA SAINI 2025.07.22 10:35 I attest to the accuracy and integrity of this document High Court, Chandigarh

Madan Lal v. M/S Shiv and Co.

Case brief

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Madan Lal v. M/S Shiv and Co.

Case brief

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