Inda Singh vs Chau MaL

S.P. Mehrotra, J.—By the order dated 23122005, notice was directed to be issued to the plaintiffappellant to engage another Counsel as the learned Advocate, who had been appearing as the learned Counsel for the plaintiffappellant, had been elevated to the Bench of this Court.

A perusal of the Office Report dated 23122005 shows that notice fixing 2332006 was issued to the plaintiffappellant (Inder Singh) by Registered Post A.D.

The case was listed before the Court on 2232006 with the Office Report dated 2132006 in regard to service of notice issued to the plaintiffappellant, pursuant to the said order dated 23122005.

In view of the said Office Report dated 2132006, the Court by its order dated 2232006 directed that service of notice be awaited and the case be listed after four weeks.

Pursuant to the said order dated 2232006, the case has been listed today with the Office Report dated 642006.

A perusal of the said Office Report dated 642006 shows that the Registered Envelop wherein the notice was sent to the plaintiffappellant, pursuant to the said order dated 2312, 2005, has been returned back undelivered with the endorsement that the addressee Inder Singh (plaintiffappellant) had expired.

It is further apparent from the said Office Report dated 64 2006 that no substitution application has been filed on behalf of the heirs and legal representatives of the said Inder Singh (plaintiffappellant) for being substituted in place of the said Inder Singh (plaintiffappellant).

In view of the above, it is evident that the Second Appeal at instance of the said Inder Singh (piaintiffappellant) stands abated.

The said Inder Singh was the sole plaintiffappellant. Therefore, the Second Appeal stands dismissed as having abated.