Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Second Appeal-Substitution Applications Consequent To The Death Of Sole Defendant-appellant Dismissed-Second Appeal Stands Abated.
JUDGEMENT TITLE : Gulam Hussain Vs. Mohd.Farooq. On 08/05/2006 By Allahabad High Court
CASE NO : SECOND APPEAL NO. 832 OF 1981.
CORAM : Hon'ble Satya Poot Mehrotra,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No.48

Second Appeal No. 832 Of 1981

Ghulam Husain ................Defendant/appellant

Vs.

Mohd. Farooq ...................Plaintiff/respondent

Hon. S.P. Mehrotra, J.

It Appears That Civil Misc. (Delay Condonation) Application No.57642 Of 1999 And Civil Misc. (Substitution) Application No.57643 Of 1999 Have Been Filed On Behalf Of Sabbir And Six Others (applicants In The Said Applications) Consequent To The Death Of Ghulam Husain (defendant-appellant).

By The Order Dated 17.11.2005, Notice Was Directed To Be Issued On The Aforementioned Applications, And Two Weeks' Time Was Granted For Taking Requisite Steps For Issuance Of Notices By Registered Post A.D.

Again On 23.2.2006, Three Weeks' Further Time Was Granted For Taking Requisite Steps Pursuant To The Said Order Dated 17.11.2005.

In View Of The Failure On The Part Of The Learned Counsel For The Applicants In The Aforementioned Applications In Taking Requisite Steps Pursuant To The Said Order Dated 17.11.2005 Read With The Said Order Dated 23.2.2006, The Case Is Listed Today Under Chapter XII, Rule 4 Of The Rules Of The Court.

Case Has Been Taken Up In The Revised List. However, The Learned Counsel For The Applicants In The Aforementioned Applications Is Not Present.

Even Though The Case Is Listed Today Under Chapter XII, Rule 4 Of The Rules Of The Court, Requisite Steps Pursuant To The Said Order Dated 17.11.2005 Read With The Said Order Dated 23.2.2006, Have Not Been Taken.

In The Circumstances, The Court Has No Option But To Dismiss The Aforementioned Applications For Want Of Prosecution Under Chapter XII, Rule 4 Of The Rules Of The Court.

Accordingly, Civil Misc. (Delay Condonation) Application No. 57642 Of 1999 And Civil Misc. (Substitution) Application No. 57643 Of 1999 Are Dismissed For Want Of Prosecution Under Chapter XII, Rule 4 Of The Rules Of The Court.

In View Of The Dismissal Of The Aforementioned Applications, Filed Consequent To The Death Of The Said Ghulam Husain (defendant-appellant), The Second Appeal At The Instance Of The Said Ghulam Husain (defendant-appellant) Stands Abated.

The Said Ghulam Husain Was The Sole Defendant-appellant. Consequently, The Second Appeal Stands Dismissed As Having Abated.

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