Court No. - 34
Case :- SECOND APPEAL No. - 767 of 1981 Appellant :- Mahabir & Others Respondent :- Ch. Karan Singh
Hon'ble Sudhir Agarwal,J.
1. Notice was issued to appellants to engage another counsel vide order dated 19.07.2017 and sent by registered post A.D. on 24.07.2017. Office Report dated 26.10.2017 indicates that notices have been received back with postal endorsement that appellants-1 and 4 "Died", appellant-2 "Nothing has received back" and appellant-3 "Not met/Unserved". Since there is no substitution on behalf of legal representatives of appellants-1 and 4, therefore, this appeal has already abated in respect of them.
2. Another order was passed on 26.10.2017 for sending notices to appellants 2 and 3 to engage another counsel and sent by registered post A.D. on 13.12.2017. Perused Office Reports dated 24.11.2018 and 18.12.2018. Notices have not been received back, undelivered or otherwise. Service is deemed sufficient.
3. None has appeared on behalf of appellants-2 and 3 to press this appeal despite having been called in revise, therefore, appeal deserves to be dismissed for want of prosecution qua appellants-2 and 3.
4. In view thereof, appeal is, accordingly, dismissed having been abated as well as for want of prosecution.
Order Date :- 19.12.2018 Siddhant Sahu