Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Second Appeal-Admitted-Steps For Notices Not Taken-Second Appeal Dismissed.
JUDGEMENT TITLE : Satya Narain Misra Vs. M/S,Sardar Finance Corp. On 24/02/2006 By Allahabad High Court
CASE NO : SECOND APPEAL NO. 227 OF 1983
CORAM : Hon'ble Satya Poot Mehrotra,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No.48

Second Appeal No. 227 Of 1983

Shri Satya Narain Mishra..................Defendant-Appellant
Vs.
M/s Sardar Finance Corporation And Others......................Respondents


Hon. S.P. Mehrotra, J.

Pursuant To The Order Dated 6.12.2005, The Case Is Listed Today Under Chapter XII, Rule 4 Of The Rules Of The Court With The Office Report Dated 20.2.2006.

Shri A.N. Bhargava, Learned Counsel For The Defendant-appellant Is Present. He States That Despite Repeated Communications Having Been Sent To The Defendant-appellant, The Defendant-appellant Has Not Contacted Him (Shri A.N. Bhargava) And, As Such, He (Shri A.N. Bhargava) Is Not In A Position To Take Steps Pursuant To The Order Dated 6.12.2005 Passed By The Court Read With The Order Dated 5.5.1988 Passed By The Joint Registrar.

As The Matter Is Listed Today Under Chapter XII, Rule 4 Of The Rules Of The Court, The Court Is Proceeding To Pass Appropriate Orders In The Matter.

By The Order Dated 2.4.1985, The Second Appeal Was Admitted, And Notices Were Directed To Be Issued On The Second Appeal.

It Appears That Pursuant To The Said Order Dated 2.4.1985 Passed On The Second Appeal, Notices Were Issued To The Respondents Nos. 1,2 And 3. The Office Submitted Its Report Dated 10.3.1988 Regarding Service Of Notices Issued To The Respondents Nos. 1,2 And 3 Pursuant To The Said Order Dated 2.4.1985 Passed On The Second Appeal.

It Further Appears That In View Of The Said Office Report Dated 10.3.1988, The Joint Registrar By His Order Dated 5.5.1988 Directed For Taking Fresh Steps By Registered Post A/D For Issuance Of Notices To The Respondents Nos. 1,2 And 3.

It Further Appears That Requisite Steps For Issuance Of Notices Pursuant To The Said Order Dated 5.5.1988 Passed By The Joint Registrar Were Not Taken On Behalf Of The Defendant-appellant.

In The Circumstances, The Case Was Listed Before The Court On 6.12.2005 With The Office Report Dated 30.11.2005.

On 6.12.2005, The Court Passed An Order Granting Ten Days' Time To The Learned Counsel For The Defendant-appellant For Taking Requisite Steps For Issuance Of Notices, Pursuant To The Said Order Dated 5.5.1988 Passed By The Joint Registrar. It Was Further Observed In The Said Order Dated 6.12.2005 That In Case The Steps Were Not Taken, The Case Would Be Listed Under Chapter XII, Rule 4 Of The Rules Of The Court.

The Case Is Accordingly Listed Today Under Chapter XII, Rule 4 Of The Rules Of The Court.

The Office Has Submitted Its Report Dated 20.2.2006 Which Shows That Requisite Steps For Issuance Of Notices Pursuant To The Said Order Dated 5.5.1988 Passed By The Joint Registrar Read With The Said Order Dated 6.12.2005 Passed By The Court Have Not Been Taken.

Even Though The Case Is Listed Under Chapter XII, Rule 4 Of The Rules Of The Court, Requisite Steps For Issuance Of Notices, Pursuant To The Said Orders, Have Not Been Taken Even Today.

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

The Second Appeal Is Accordingly Dismissed Under Chapter XII, Rule 4 Of The Rules Of The Court For Want Of Prosecution.

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