Court No. - 42
Case :- SECOND APPEAL No. - 7 of 1996 Appellant :- Smt. Channa Devi Respondent :- Smt. Surjeet Kaur And Others Counsel for Appellant :- S.K. Mehrotra Counsel for Respondent :- Anurag Johri
Hon'ble Ajay Bhanot,J.
Notices were issued by ordinary process to engage another counsel. However, service report records as under:
"NEC have been issued to the R1 and R2 through ordinary process fixing 28/05/2019."
Service is found to be sufficient.
Heard Sri S.K.Mehrotra, learned counsel for the appellant.
The cross objection filed by the defendant/respondent was initially dismissed for non-prosecution by order dated 27.07.1992. Subsequently, the application for recall of the order dated 27.07.1992 was also filed by the defendant/ respondent. Learned trial court allowed the cross objection without recalling the order dated 27.07.1992 dismissing the cross objection for non-prosecution. Admittedly, both the parties were heard by the learned first appellate court and no prejudice was caused as far as hearing was concerned. The endeavour of the Court is to decide the matters on merits and not to reject the cases on technicalities. No substantial question of law is made out.
The second appeal is dismissed.
Order Date :- 29.5.2019 Ashish Tripathi