Dismissed

Ajmer Vidyut Vitran Nigam Limited v. Mohan Chandnani Son of Shri Notan Das

Rajasthan HC10 Dec 2021CFA/107/1994

Case brief

AI extract

What is this about?

In S.B. Civil First Appeal No. 107/1994, the Rajasthan High Court Bench at Jaipur dismissed a first appeal filed by the former Rajasthan State Electricity Board against a decree reinstating the deceased plaintiff. The appellant did not appear on the listed date, leading to dismissal by default.

What did the court decide?

The first appeal was dismissed for default and non-prosecution.

Ajmer Vidyut Vitran Nigam Limited Vs Mohan… — Civil Procedure and Limitation | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 107/1994

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Ajmer Vidyut Vitran Nigam Limited

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----Appellant-Defendant

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Versus

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Shri Mohan Chandnani son of Shri Notan Das, R/o 296, Tanaji Nagar, Bhajanganj, Ajmer since deceased, through his legal representatives.

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1/1. Mrs. Asha Chandnani, aged about 50 years, wife of late Shri Mohan Chandnani, R/o 2/290, Malviya Nagar, Jaipur.

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1/2. Shri Satish Kumar Chandnani, aged about 31 years, son of late Shri Mohan Chandnani, R/o 2/290, Malviya Nagar, Jaipur. 1/3. Shri Sanjay Kumar Chandnani, aged about 29 years, son of late Shri Mohan Chandnani, R/o 2/290, Malviya Nagar, Jaipur. 1/4. Jullie Chandnani, aged about 30 years, D/o late Shri Mohan Chandnani, R/o 2/290, Malviya Nagar, Jaipur.

¶9

----Plaintiff-Respondents

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For Appellant(s) : None present For Respondent(s) : Mr. D.K. Dixit for Mr. Ajay Kumar Bajpai

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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10/12/2021

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This first Appeal has been filed by the Rajasthan State Electricity Board, Jaipur against the judgment and decree dated 31.03.1994 whereby and where under the respondent-plaintiff was ordered to reinstate in service with payment of back wages and other benefits attached therein.

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During the course of appeal, the respondent-plaintiff has passed away and his legal representatives have brought on record.

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(2 of 2)

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[CFA-107/1994]

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The matter was taken up on 09.12.2021, no one appeared on behalf of the appellant to pursue the appeal.

¶19

This Court, vide order dated 10.08.1994, while staying the execution of decree for recovery of the back wages, imposed a condition upon the appellant to deposit a sum of Rs.30,000/before the Trial Court within a period of one month. The appellant has not produced any receipt of deposition of such amount of Rs.30,000/-. The position of record is not clear as to whether the decree for arrear of back wages has been executed or not.

¶20

It appears that with passage of time and after the death of original plaintiff, the appellant has lost interest in pursuing the appeal on merits, therefore, the appeal is dismissed in default and for non-prosecution.

¶21

The Registry is directed to upload correct amended cause title online as the name of appellant- Rajasthan State Electricity Board has been changed to Ajmer Vidyut Vitran Nigam Limited. Amended cause title is already on record, so Registry is directed to upload the amended cause title on record and also send a copy of this order to the appellant on the given address within a period of one week.

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(SUDESH BANSAL),J

¶23

Simple Kumawat /24

Ajmer Vidyut Vitran Nigam Limited v. Mohan Chandnani Son of Shri Notan Das

Case brief

What is this about?

What did the court decide?

Ajmer Vidyut Vitran Nigam Limited v. Mohan Chandnani Son of Shri Notan Das

Case brief

What is this about?

What did the court decide?

What the court decided

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