Sanjay Kumar v. Pardeep Kumar And ANR

CRR No. 448 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revn. No. 448 of 2015 (O&M) Date of decision:11.02.2015 Sanjay Kumar ....Petitioner

Versus

Pardeep Kumar and anr.

....Respondents CORAM : HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. G.C. Shahpuri, Advocate, for the petitioner.

* * * RITU BAHRI, J (ORAL) The present revision is against order/judgment dated 05.02.2015 whereby the appeal filed by the petitioner/appellant has been dismissed for want of prosecution.

At the very outset, learned counsel for the petitioner submits that the appeal of the petitioner has wrongly been dismissed for want of prosecution, as it was the first date after the lower court record was received. The petitioner had not taken any undue adjournments to delay the decision of the appeal.

A perusal of order/judgment dated 05.02.2015 shows that on 05.02.2015, the lower Court record was received and it was the first date but the lower Appellate GAURAV 2015.02.11 16:19 I attest to the accuracy and integrity of this document

CRR No. 448 of 2015 -2Court had dismissed the appeal for want of prosecution. Order/judgment dated 05.02.2015 is hereby set aside and the lower Appellate Court is directed to decide the case afresh on merits, after giving due notice to the parties. The petitioner is directed to deposit Rs.5000/- as cost before the District Legal Services Authority, Yamuna Nagar at Jagadhari The petition stands disposed of to the above extent.

February 11, 2015 (RITU BAHRI) G Arora JUDGE GAURAV 2015.02.11 16:19 I attest to the accuracy and integrity of this document