Balbir Singh v. Tarlok Chand And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-3826-2017 (O&M) Date of decision : 25.11.2024 BALBIR SINGH ... PETITIONER(s)

VERSUS

TARLOK CHAND AND ORS ...RESPONDENT(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

None for the petitioner.

None for respondent Nos.2(i), 2(ii) and 3.

Service of respondent No.5 dispensed with vide order dated 11.03.2022.

ALKA SARIN, J. (ORAL) 1.

On 26.02.2020 the following order was passed : "In spite of service, none has come present on behalf of respondents No.1, 4 and 5.

As is evident from the record that main contestant respondent No.1 Tarlok Chand is a foreign resident who has been sued through his attorney and as such this Court is not satisfied in the manner in which the service has been got effected impels this Court to issue fresh process to respondent No.1.

Be issued for 30.09.2020 on necessary compliance as per the instructions contained in letter No.12(80)2015 Judicial, Department of Legal Affairs, Judicial Section. Long date is necessitated since service is to be effected abroad."

Ankur Goyal 2024.11.26 09:02 I attest to the accuracy and integrity of this document

CR-3826-2017 (O&M) [2] 2.

Thereafter, on 11.03.2022 the following order was passed : "On the asking of learned counsel for the petitioner service of respondent No.5 being proforma respondent is hereby dispensed with.

Let fresh notice be issued to respondents No.1 and 4 on compliance as per the orders dated 26.02.2020 within a week from today, for 27.01.2023."

3.

On 17.05.2023 learned counsel for the petitioner had sought time to take steps pursuant to the order dated 11.03.2022 and the matter was adjourned to 22.09.2023. On 22.09.2023 none appeared on behalf of the parties and the matter was adjourned to 30.01.2024. Thereafter on three separate occasions, the case was adjourned by order. Till date, there has been no compliance of the orders dated 26.02.2020 and 11.03.2022. Today none has put in appearance on behalf of the petitioner despite the matter being called twice since morning.

4.

In view of the above, this Court is left with no other option but to dismiss the present petition for non-prosecution. 5.

Dismissed for non-prosecution. Pending applications, if any, also stand disposed off.

25.11.2024 (ALKA SARIN) Ankur JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Ankur Goyal 2024.11.26 09:02 I attest to the accuracy and integrity of this document