Jaswinder Singh v. Sukhjit Kaur @ Harpreet Kaur





IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM No. 18189-CII of 2019 in/and FAO-M No. 174 of 2019 Date of Decision: 09.08.2023 Jaswinder Singh -Appellant

Versus

Sukhjit Kaur @ Harpreet Kaur -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

None.

**** RAJ MOHAN SINGH, J. (Oral) There is no representation on behalf of the appellant despite a pass over.

On 17.01.2020, following order was passed:- "Learned counsel submits that parties intend to dissolve the marriage by invoking section 13-B of the Act. A query has been put to him whether any purpose would be served by restoration of the present appeal. Besides, appeal was filed after huge delay of 1169 days. He prays for some time to address the court.

Adjourned to 14.02.2020."

JYOTI SHARMA 2023.08.16 16:52 I attest to the accuracy and integrity of this document





CM No. 18189-CII of 2019 in/and FAO-M No. 174 of 2019 -2Admittedly the appeal was filed after a huge delay of 1169 days. The case was dismissed for non-prosecution on 27.11.2019 and the same was restored vide order dated 29.07.2022. Thereafter, learned counsel for the appellant did not appear on 04.11.2022, 21.12.2022 and 14.03.2023 i.e. the date on which it was made clear that in the event of non-appearance on behalf of the appellant, the case shall be automatically dismissed for non-prosecution. Even thereafter, one more opportunity was granted to learned counsel for the appellant on 24.05.2023, but none has appeared in the present case so far. Faced with the situation, this Court has no alternative, but to dismiss the case for non-prosecution.

Dismissed for non-prosecution.

(RAJ MOHAN SINGH) JUDGE (HARPREET SINGH BRAR) JUDGE 09.08.2023 Jyoti Sharma Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No JYOTI SHARMA 2023.08.16 16:52 I attest to the accuracy and integrity of this document