Municipal Committee, Sirhind v. Gauri Shankar And Others

2023:PHHC:074418 RSA-1061-1994 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1061-1994 (O&M) Date of Decision: 22.05.2023 Municipal Committee, Sirhind ...... Appellant

Versus

Gauri Shankar and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

None.

***** RAJBIR SEHRAWAT, J. (ORAL) The present regular second appeal has been preferred by the appellant/defendant against the judgment and decree dated 14.01.1994 passed by the Additional District Judge, Patiala, whereby the appeal filed by the plaintiff against the judgment and decree dated 26.09.1991 passed by the Sub-Judge Ist Class, Fatehgarh Sahib, has been allowed by reversing the findings recorded by the trial Court.

As per the previous order dated 02.12.2019, in the absence of the counsel for the appellant, notice was ordered to be issued to the appellant. Thereafter, the notice was sent and the appellant was duly served. However, lastly when the case was listed for hearing on 15.12.2022, again there was no representation on behalf of the appellant. The office report has also shown that respondents No.1 and 2 had expired and no application has been filed for impleading their legal representatives. Notice could not be issued to respondents No.3 to 6 because the correct addresses of those

2023:PHHC:074418 RSA-1061-1994 (O&M) -2respondents were not furnished by the appellant. Today, again there is no representation on behalf of the appellant. No attempt is made to effect service upon respondents No.3 to 6 and to bring on record the legal representatives of deceased respondents No.1 and 2.

In view of the above, the present appeal cannot be continued any further.

Dismissed.

(RAJBIR SEHRAWAT) JUDGE 22.05.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No