Lakhmi Chand v. Om Parkash And ANR

2023:PHHC:052247 CR 5429/2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR 5429/2015 (O&M) Date of decision: 12.04.2023 Lakhmi Chand ...........Petitioner Vs.

Om Parkash and another ...........Respondents

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- None for the petitioners.

NidhiGupta,J.

1.

Vide order dated 20.03.2023 the present revision petition was dismissed for non-prosecution. The said order dated 20.03.2023 reads as under:- "This petition is of the year 2015 and notice has not yet been issued. Perusal of the order sheets show that no one appeared on behalf of the petitioner on 01.08.2016 and 30.05.2017. Thereafter, matter was adjourned at the request of learned counsel for the petitioner on 11.01.2018, 24.01.2019, 28.03.2019 and 23.05.2019. Even today, there is no representation on behalf of the petitioner. It seems that petitioner is not interested in pursuing this petition. Dismissed for non-prosecution".

2.

Pursuant to dismissal of the revision petition as above, the petitioner had filed an application being CM-5459-CII-2023 for restoration of the revision petition, which was listed before this Court on 28.03.2023, whereupon the following order was passed:- MAMTA 2023.04.20 11:43 I attest to the accuracy and integrity of this order/judgment

2023:PHHC:052247 CR 5429/2015 "For the reasons mentioned in the application, same is allowed. Order dated 20.3.2023 is recalled and main Civil Revision alongwith applications, if any, is restored to its original number, however, subject to payment of costs of Rs.20,000/- to be deposited with the "poor Patients' Welfare Fund of the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh" within two weeks from today, failing which, the Revision Petition shall standautomatically dismissed. Applicant-petitioner can also deposit the aforesaid costs with the PGIMER online through its website www.pgimer.edu.in and produce the receipt duly verified by his counsel on the next date of hearing.

Main case List on 12.04.2023 for consideration."

3.

Office report shows that "in compliance with the order dated 28.03.2023, no amount has been deposited by the learned counsel. No receipt has been supplied by the learned counsel." 4.

Thus, today, besides the fact that order dated 28.03.2023 has not been complied with, even in the second round there is no representation on behalf of the petitioner.

5.

Accordingly, the present revision petition stands dismissed. 6.

Pending application(s),if any, also stand disposed of. (Nidhi Gupta) Judge 12.04.2023 ps-I Whether speaking/reasoned Yes Whether reportable Yes/No MAMTA 2023.04.20 11:43 I attest to the accuracy and integrity of this order/judgment