MAHLA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The present application is filed by legal heirs of the appellant praying for restoration of the appeal, which was dismissed in default vide order dated 30th January, 2001.

(2.) The present appeal after admission was listed from time to time before the Court. On 7th December, 2000, when the matter was listed, learned counsel for the appellant sought adjournment on personal grounds and the matter was adjourned to 12th December, 2000 after recording that no further adjournments would be granted as the matter is a very old matter.

(3.) In terms of the aforesaid order, the matter was renotified on 12th December, 2000, when learned counsel for the appellant sought an adjournment to enable him to obtain instructions from the legal heirs of the appellant. In the interest of justice, the Court granted adjournment on that occasion by adjourning the matter to 30th January, 2001. On 30th January 2001, the appellant stated before the Court that the appellant had expired during the pendency of the present appeal and he had informed his Legal Representatives to give instructions vide communication dated 13.12.2000 under registered A.D. It was also mentioned in the order dated 30.1.2001 that the legal representatives had failed to report instructions. He submitted that his communication had gone abegging and that he would withdraw from the brief. Court had permitted him to do so and the appeal was dismissed for non-prosecution. Communication sent by the learned counsel was taken on record.