Achin Lal Singh v. Ram Chandar Raman

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.28 of 1993 ====================================================== Achin Lal Singh ... ... Appellant/S

Versus

Ram Chandar Raman ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None.

For the Respondent/s :

None.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-12-2023 Upon repeated call, no one appears either on behalf of the appellant or on behalf of the counsel for the respondent.

2. The present appeal is pending since 1993 in which substantial question of law has already been framed vide Order No. 2 dated 03.03.1994. Acknowledging this fact, this appeal was adjourned for two weeks as a matter of last indulgence vide order dated 05.12.2023. Today is the date fixed for the hearing, but counsel for the appellant does not appear when the present appeal has been called on for hearing. As such, the present appeal is hereby dismissed due to appellant's default under Order XLI Rule 17 of the Code of Civil Procedure, 1908.

4. The appellant or his heirs and legal representatives shall be at liberty to file an application under Order XLI Rule 19 of the Code of Civil Procedure,1908 with a view to readmission of the present appeal dismissed for default.

5. With the aforesaid liberty, the present second appeal stands dismissed.

(Dr. Anshuman, J.) Prakashmani/- U