Davinder Kaur Sandhu v. Nathu Ram And ANR.

RSA No.399 of 2009(O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Regular Second Appeal No. 399 of 2009(O&M) Date of Decision: December 14 , 2018.

Devinder Kaur Sandhu ...... APPELLANT (s)

Versus

Nathu Ram and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

None.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

None had been appearing on behalf of the appellant on various occasions. Notice was issued to the appellant vide order dated 02.03.2017, but could not be served as her address in the memo of parties was reported to be incomplete. Following order was passed on 01.10.2018:- "As per office report, notice could not be issued to the appellant as it is reported that her address in the memo of parties is not complete. It transpires that address of the power of attorney holder Gurmail Singh is also not available on the file. Perusal of the judgment and decree dated 03.03.2005 passed by learned trial Court reveals that the present appellant, Devinder OMKAR SINGH 2018.12.20 11:15 I attest to the accuracy and integrity of this document High Court, Chandigarh

RSA No.399 of 2009(O&M) [2] Kaur Sandhu, defendant No.2 before the learned trial Court, has taken a plea that the property in question was purchased by her from defendant No.1 and is described as MC No.IV-621-A, Civil Lines, Moga.

Notice be issued to the appellant-Devinder Kaur Sandhu at the abovesaid address for 14.12.2018 as well as to Mr. Jaswinder Singh, Advocate, Mr. Simran Chahal, Advocate and Mr. Amit Kumar Goyal, Advocate for respondent No.1, Maharaj Kumar, Advocate for respondent No.3."

As per office report, appellant is reported to have sold the house in question and is not residing at the given address therefore, notice could not be served upon the appellant.

There is no representation on behalf any of the parties. This Court has no other option, but to dismiss the appeal in default. Ordered accordingly.

( LISA GILL ) December 14 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2018.12.20 11:15 I attest to the accuracy and integrity of this document High Court, Chandigarh