HARGOVINDDAS SHIVLAL AND CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant/original plaintiff has filed this Second Appeal through its power of attorney holder under Section 100 of the Civil Procedure Code challenging the judgment and order dated 14th July, 1980 passed by the learned Assistant Judge, Kachchh at Bhuj in Regular Civil Appeal No.69 of 1978 confirming the judgment and decree passed by learned Civil Judge (S.D.), Bhuj in Regular Civil Suit No.134 of 1973.

(2.) This Second Appeal was admitted on 06th December, 1980 and following substantial questions of law were formulated for consideration and determination of this Court:-

(3.) During the pendency of this Second Appeal, the power of attorney holder through whom the present Second Appeal was filed had expired on 17th December, 1996. Initially, this Second Appeal was filed by the appellant through his advocate Shri R.A. Mehta who was later on elevated to the Bench of this Court. Thereafter, fresh notice was issued and on issuance of that notice, it has come to the knowledge that the power of attorney holder expired on 17th December, 1996. No other arrangement was made by the appellant so as to make proper representation on its behalf.