Dismissed¶18

Hari Singh & Ors. v. Ram Phal & Ors.

Punjab & Haryana HC8 Jan 2025RSA/5458/2015

Case brief

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What is this about?

Hari Singh & Ors v. Ram Phal & Ors, RSA-5458-2015 (O&M), High Court of Punjab and Haryana at Chandigarh, decided 08.01.2025 by Hon'ble Ms. Justice Nidhi Gupta. Plaintiffs-appellants' second appeal against dismissal of their civil suit by the Courts below dismissed for non-prosecution after more than nine years' pendency; none appeared for the appellants though duly notified vide letter No.13470 dated 05.09.2024; all respondents No.1 to 9 already ex parte; pending applications disposed; liberty to move for revival within 06 months.

What did the court decide?

Liberty to the appellants to move an appropriate application within 06 months from today for reviving the appeal, if so advised ¶18

Hari Singh & Ors. Vs Ram Phal & Ors. — Punjab & Haryana HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF PUNJ A B AND HARYANA AT CHANDIGARH

¶2

225

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RSA-5458-2015 (O&M) Date of Decisio n : 08.01.2025

HARI SINGH & ORS

…Appell a nts

Versus

RAM PHAL & ORS ….Respo n dents

¶8

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

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Present: No n e for the appellants.

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Mr. Jitender Nara, Advocate for th e respondents.

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NIDHI GUPTA, J. (ORAL)

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Th i s is the plaintiffs-appellant s second appeal against th e judgments and d ecrees passed by the Courts b e low whereby the civil suit file d by them has be e n dismissed.

¶14

Th e appeal pertains to the year 20 1 5. On the last date of hearing , there was no r e presentation on behalf of the a ppellants as such a coordinat e Bench of this C o urt had directed the Registry to intimate the learned counsel fo r the appellants a b out the next date of hearing. Of f ice report indicates that learne d counsel for the appellants ha d been duly notif i ed vide letter No.13470 dated 0 5.09.2024. Yet none appears o n behalf of the ap p ellants.

¶15

Or d er sheet shows that all respond e nts No.1 to 9 have already bee n proceeded ex p a rte .

¶16

In t he aforesaid premise, issuance of fresh notice to the appellant s would be a fut i le exercise. It appears that du e to sheer long pendency of th e present second a ppeal before this Court for a p e riod of more than 09 years, th e PUSHPINDER SAINIplaintiffs/appell a nts, have lost interest in pursui n g the same, as no attempt has 2025.01.14 15:55 I attest to the accuracy and integrity of this document

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RSA-5458-2015 -2-

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been made by t h em to contact their counsel or t o engage a new counsel. Be tha t as it may, in v i ew of the foregoing circumsta n ces, the instant regular secon d appeal is dismi s sed for non-prosecution, with l i berty to the appellants, to mov e an appropriate a pplication within a period of 06 months from today for revivin g the same, if so, a dvised.

¶19

Pe n ding application(s), if any, also stand disposed of.

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January 08, 202 5	(NIDHI GUPTA) JUDGE
ps
Whether speaking/ reasoned	: Yes/No
Whether reportable	: Yes/No

¶21

PUSHPINDER SAINI 2025.01.14 15:55 I attest to the accuracy and integrity of this document

Hari Singh & Ors. v. Ram Phal & Ors.

Case brief

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Hari Singh & Ors. v. Ram Phal & Ors.

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