Bajranglal Agarwal & ANR v. Vijay Kr. Sharma

Ct-08 ar 28.03.2023 FA 335 of 2008 with I.A No. CAN 1 of 2007(Old CAN No. 10293 of 2007) (not with the file) Bajranglal Agarwal Vs.

Vijay Kuamr Sharma None appears on behalf of the parties.

The department has reported that an administrative notice has been issued upon the appellant no. 1 has been returned with the postal remark "deceased" and with regard to appellant no. 2, it has been returned with the postal remark "addressee moved", however, the sole respondent has received the notice.

The appellants have not taken any step for substitution of the appellant no. 1. The appellants were also not represented on the earlier occasion. Accordingly, we directed to serve administrative notice upon the parties. Since the appellant no. 1 has died and no step has been taken for substitution, the appeal has abated. Accordingly we dismiss the appeal as abated.

In view of dismissal of the appeal, CAN 10293 of 2007 stands dismissed.

(Uday Kumar, J.) (Soumen Sen, J.)