Ishwar Dayal Singh And ANR v. Duleshwari Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SA No.485 of 1999 ISHWAR DAYAL SINGH & ANR

Versus

DULESHWARI DEVI & ORS ----------- 09/ 18.03.2009 This second appeal was filed on 27.11.1999 through Mr. Hareiji Upadhyay, Advocate and when it was placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure on 30.07.2007 it was stated at the bar that the said learned counsel had expired. Hence, this Court directed the office to send notice to the appellants for appearing in the second appeal through some other counsel. A service report has been received from which it appears that the notices of both the appellants were received by their father on the address of the appellants, who also granted receipt of the said notices. In the said circumstances, notices have been validly served upon the appellants. Even after the valid service of notices as aforesaid, no one appears on behalf of the appellants and hence this second appeal is dismissed.

MPS/ ( S. N. Hussain, J. )