Dismissed¶3

Shiv Narain Gupta v. D.a.v.School and Anr.

Punjab & Haryana HC8 Aug 2025RSA/3514/1998

Case brief

AI extract

What is this about?

Dismissal of second appeal for want of prosecution; appellant untraceable — notice received back with report 'no such person is residing at given address' and no other address with the Court; liberty granted to revive appeal within three months; pending miscellaneous applications disposed of. Case: RSA-3514-1998 (O&M), Shiv Narain Gupta v. D.A.V. School & Anr.; High Court of Punjab and Haryana at Chandigarh; Justice Virinder Aggarwal (oral); decided 08.08.2025. No statutes or precedents cited; merits not adjudicated; impugned lower-court order not described in the text.

What did the court decide?

Liberty to the appellant to revive the appeal within three months from 08.08.2025, if aggrieved by this order. ¶3

Shiv Narain Gupta Vs D.a.v.School and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the appellant to revive the appeal within three months from 08.08.2025, if aggrieved by this order.

¶3

Issue for consideration

Whether there is any justification to keep the second appeal pending on the docket when the appellant has long ceased to instruct counsel, was absent on the previous date, the notice issued to him returned unserved with the report that no such person resides at the given address, and no other address is available with the Court.

¶3

Court's answer

Given the appellant's prolonged absence, counsel's inability to obtain instructions, the return of notice undelivered (no such person residing at the given address) and the absence of any other address with the Court, there is no justification to keep the appeal on the docket indefinitely.

¶3

Ratio / Principle

The appeal stands dismissed for want of prosecution, with liberty to the appellant to revive it within three months from the date of the order if aggrieved thereby.

¶3

Key takeaways

Since the main case has been decided, pending miscellaneous application(s), if any, stand disposed of.ratio¶4

Detailed headnote1 paragraphs

RSA-3514-1998 (O&M) — Shiv Narain Gupta v. D.A.V. School & Anr. (High Court of Punjab and Haryana at Chandigarh; Virinder Aggarwal J., oral; decided 08.08.2025): Counsel for the appellant reported that no one had approached her since long to instruct her in the appeal; on the previous date also none appeared for the appellant, and the notice issued to him was received back with the report that no such person is residing at the given address, with no other address available with the Court. Finding no justification to keep the appeal on the docket indefinitely, the Court dismissed the second appeal for want of prosecution, granting the appellant liberty to revive it within three months if aggrieved by the order; pending miscellaneous application(s), if any, stood disposed of. No question of law or precedent was considered; the power of attorney of respondent No.2's counsel filed that day was taken on record.

Shiv Narain Gupta v. D.a.v.School and Anr.

Case brief

What is this about?

What did the court decide?

Shiv Narain Gupta v. D.a.v.School and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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