SUNANDA Vs. LAKSHMI BAI

JUDGEMENT

(1.) This application, purporting to be under Section 151 C.P.C., has been filed with a request to set-aside or recall the order dated 2-1 1985 and restore the appeal to file in the interest of justice.

(2.) On 2-1-1985, this Court noticed that Respondent No. 1 in the appeal had not been served and the notice issued had been returned unserved by November 1982. No steps have been taken since then by the appellant to get the notice reissued. Then the Court applied the provision under Order 9 Rule 5 C.P.C. and dismissed the appeal against Respondent No. 1, Further, the Court dismissed the appeal, as a consequence of the dismissal of the appeal against Respondent No. 1 because the appeal did not survive against Respondent No. 2.

(3.) Sri S.K.. Kulkarni, Advocate has filed his affidavit in support of I.A.V. He has stated that though Rule 12 in Chapter XIII of the High Court Rules requires the return of process to be notified as provided in the Rule, the Office of the High Court is not following this Rule in practice and as such the fact that notice on Respondent No. 1 had been returned unserved was not known.