This first appeal under S.B. Civil Appeal No. 13/1997 relates to a suit for specific performance. Dismissing the appeal because the appellant failed to comply with a coordinate bench's direction to provide the respondent's current address or status, as service could not be effected.
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[2023/RJJP/006710]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 13/1997
Devi Ram S/o Shri Natthi Lal, Resident of Newada Tehsil Wair (Bharatpur)
---Plaintiff-Appellant
Versus
Smt. Sushila Devi Widow Of Shri Kishanlal Agarwal, Khedaliganj Ward No. 4, Tehsil Laxmangar Distt. Alwar
---Defendant-Respondent
For Appellant(s) : Mr. Rohan Agarwal, Adv. on behalf of Mr. M. M. Ranjan, Senior Counsel
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
17/04/2023
Plaintiff-appellant has filed this first appeal feeling aggrieved by dismissal of his suit for specific performance vide judgment impugned dated 07.09.1996 passed in Civil Suit No.79/93 by the Court of Additional District Judge Rajgarh Camp at Laxmangarh (Alwar).
Learned counsel for the plaintiff-appellant submits that plaintiff-appellant had filed an affidavit as per direction dated 17.11.2022 passed by Co-ordinate Bench of this Court.
Perused the affidavit filed by the plaintiff-appellant.
The plaintiff-appellant in its affidavit stated that he searched the respondent-defendant-Smt. Sushila Devi. She has left her house 20 years ago and her whereabouts were not known to him. There were rumors that she had become Sadhvi. So, service upon respondent could not be effected.
[2023/RJJP/006710]
[CFA-13/1997]
(2 of 2)
Co-ordinate Bench of this Court while passing the order dated 17.11.2022 clearly directed the appellant to submit the present status of respondent-defendant and about her present address. The plaintiff-appellant has failed to submit the present status and address of the respondent.
In view of the above, the Civil First Appeal is accordingly dismissed.
(NARENDRA SINGH DHADDHA),J
Jatin /04
Devi Ram
Smt. Sushila Devi
Narendra Singh Dhaddha
As recorded by the court registry
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