NET RAM PAL Vs. STATE OF DELHI

JUDGEMENT

(1.) APPELLANT died on 9. 8. 2007. His wife, daughter and son pray to be brought on record as his legal heirs. It is not in dispute that right to sue survives. The application is allowed. Amended memo of parties filed along with the application is taken on record. The matter had been called out for the first time when LR No. 1 and LR No. 2 of the appellant appeared and made a request to pass over the matters stating that their counsel was on the way. The matter is shown at serial No. 4 in the admission list. After exhausting the admission list the matter has been called out for a second time. It is still stated that the counsel is still on the way.

(2.) LEARNED counsel for the respondents points out that the instant appeal has remained pending for 11 years and a frivolous cause is being continued by the appellant. Learned counsel for the respondents states that counsel's absence is just a ploy to delay the matter.

(3.) IT is unfortunate that the counsel has not appeared in the matter even at the second call notwithstanding courtesy being extended to the counsel to await his appearance. LR No. 1 of deceased appellant states that he has spoken twice with the lawyer and has explained to him the urgency of reaching the court.