Dismissed¶23

Kasturi Lal and Anr. v. Mehal Singh and Ors.

Punjab & Haryana HC14 May 2025RSA/431/2003

Case brief

AI extract

What is this about?

Second appeal RSA-431-2003 (with connected application IOIN-1-RSA-431-2003), Punjab and Haryana High Court, Justice Alok Jain (Oral), decided 14.05.2025: appeal dismissed in default because counsel could not trace the appellants (alive/dead unknown) and respondents were unrepresented; liberty to file revival application within three months if cogent cause of action survives; pending applications disposed of. Kasturi Lal v. Mehal Singh. No statutes or precedents discussed.

What did the court decide?

Appeal dismissed in default, with liberty to the appellants or their LRs to seek revival by an appropriate application within three months from 14.05.2025 if any cogent cause of action survives; all pending applications disposed of. ¶23

Kasturi Lal and Anr. Vs Mehal Singh and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether appeal RSA-431-2003 should be kept pending when counsel for the appellants cannot contact the appellants (and does not know if they are alive) and the respondents are unrepresented, or whether it should be dismissed in default.

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Court's answer

In light of counsel's inability to contact the appellants and the absence of any representation for the respondents, the connected application IOIN-1-RSA-431-2003 stands disposed of and the main case RSA-431-2003 is taken on Board the same day.

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Ratio / Principle

In view of the order passed in IOIN-1-RSA-431-2003, the present appeal stands dismissed in default.

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Key takeaways

Liberty is reserved to the appellants or their legal representatives to move an appropriate application for revival of the dismissed appeal within three months from the date of the order, in case any cogent cause of action survives.ratio¶23
All pending application(s), if any, stand disposed of.ratio¶24

Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh, decision dated 14.05.2025 (Alok Jain, J., Oral) — Kasturi Lal and another v. Mehal Singh and others, IOIN-1-RSA-431-2003 in/and RSA-431-2003. Counsel for the appellants submitted that despite best efforts she could not contact the appellants and was unaware whether they were still alive, and there was no representation on behalf of the respondents. The connected application IOIN-1-RSA-431-2003 was accordingly disposed of and the main appeal RSA-431-2003 was taken on Board the same day and dismissed in default, with liberty to the appellants or their legal representatives to move an appropriate application for revival within three months from the date of the order in case any cogent cause of action survives. All pending applications were disposed of.

Kasturi Lal and Anr. v. Mehal Singh and Ors.

Case brief

What is this about?

What did the court decide?

Kasturi Lal and Anr. v. Mehal Singh and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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