Santosh And ANR v. State Of Haryana & ORS

LPA No.999 of 2014 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.999 of 2014 (O&M) in CWP No.3839 of 1990 Date of Decision.31.07.2018 Santosh and another ...Appellants Vs The State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE AMIT RAWAL

Present:

None for the appellants.

Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Manoj Dhankhar, AAG, Haryana.

-.- RAJESH BINDAL J.

The present appeal was admitted on 01.07.2014. The case is put up by the registry with the report that service of respondent No.5 could not be effected as he has expired. On 27.07.2017, this Court recorded that despite intimation, the counsel for the appellants had not taken any steps to implead legal representatives of deceased-respondent No.5, the only contesting respondent and last opportunity was granted. On the next date of hearing, the matter was adjourned in the absence of counsel for the appellants, on his written request. When the matter was taken up on 07.05.2018, the counsel for the appellants still was not present and this Court passed the following order:- "The appeal was admitted on 01.07.2014. The case was listed on 27.07.2017, as the office reported that PANKAJ KUMAR 2018.08.09 15:25 I attest to the accuracy and integrity of this document

LPA No.999 of 2014 (O&M) -2contesting respondent No.5 had expired. Time was granted to the appellants to implead his LRs on record. Needful was not done. On 28.11.2017, on written request of counsel for the appellants, the case was adjourned for today. Legal representatives of respondent No.5 have still not been impleaded. Today again, adjournment slip has been filed.

Time is granted to the appellants to implead LRs of respondent No.5 within six weeks. On failure, the matter shall be put up before the Court for passing appropriate order. In case of impleadment of LRs of respondent No.5, their services be effected for a farzi date." Today again none represented the appellants.

Despite grant of number of opportunities, legal representatives of deceased respondent No.5, the only contesting respondent, have not been impleaded, hence, we have no other option but to dismiss the present appeal in default. Ordered accordingly.

(RAJESH BINDAL) JUDGE (AMIT RAWAL) JUDGE July 31, 2018 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2018.08.09 15:25 I attest to the accuracy and integrity of this document