The Rajasthan High Court at Jaipur Bench dismissed the SB Civil Writ Petition for non-prosecution after concluding service failed due to incorrect address and the petitioner made no arrangements following prior notices.
Writ petition dismissed for non-prosecution; petitioner at liberty to seek recall of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Civil Writ Petition No.2720/1997
M/s Kanhaiya Lal Rameshwar Das Kunhari vs Ratan Singh & anr 3.5.2012
HON'BLE MR. JUSTICE MN BHANDARI
Present – None
BY THE COURT:
It is reported by the office that service on respondents
is complete, rather notices were earlier issued on the petitioner.
In view of the aforesaid, order dated 11.11.2011 is recalled. As per order dated 2.2.2010 it was noticed that learned counsel for petitioner expired thus notice were issued to the petitioner for making alternative arrangements. Notices were sent to the petitioner for its service however it could not be effected for want of correct address.
In the background aforesaid and looking to overall circumstances, when nobody is pursuing the writ petition, there
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remains no reason to keep it pending. Hence, writ petition is dismissed for non-prosecution. However, petitioner would be at liberty to seek recall of this order, if he still wants to pursue this
matter.
MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
3 issues framed by the court
Whether the writ petition should be dismissed for non-prosecution after service issues and lack of petitioner pursuit.
Whether the order dismissing the writ petition is maintainable without substantive engagement.
Whether the petitioner is at liberty to seek recall of the dismissal order if they wish to pursue the matter.
M/s Kanhaiya Lal Rameshwar Das Kunhari
Ratan Singh
MN Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
