NAGAR PALIKA MIRZAPUR Vs. VINODEE LAL SHARMA

JUDGEMENT

(1.) It appears that consequent to the death of Vinodee Lal Sharma, sole plaintiff-respondent, on 29th October 1984, Civil Misc. Application No. 4761 of 1984 (Dated 4-2-19845) was filed on behalf of the defendants-appellants, inter-alia, praying for deleting the name of the said Vinodee Lal Sharma from the array of parties in the Second Appeal, and for substituting the names of the heirs and legal representatives of the said Vinodee Lal Sharma, as mentioned in paragraph 1 of the said application, in place of the said Vinodee Lal Sharma.

(2.) By the order dated 4th February 1985, the Joint Registrar directed the said application to be laid before the Court for orders with Office Report. The said application was, accordingly, laid before the Court with the Office Report dated 21-1-1986. By the order dated 8-12-1986 passed by the Court, notice was directed to be issued to the proposed heirs of the said Vinodee Lal Sharma (plaintiff-respondent). It further appears that requisite steps for issuance of notice, pursuant to the said order dated 8-12-1986, were not taken on behalf of the defendants-appellants. In the circumstances, the case was placed before the Court with the Office Report dated 19-12-2005.

(3.) In view of the said Office Report, the Court, by its order dated 27-1-2006, directed the case to be listed under Chapter XII, Rule 4 of the Rules of the Court. Pursuant to the said order dated 27-1-2006, the case is listed today under Chapter XII, Rule 4 of the Rules of the Court with the Office Report dated 10th February, 2006. Case has been taken up in the revised list. However, none is present on behalf of the defendants-appellants. Despite the case having been listed today under Chapter XII, Rule 4 of the Rules of the Court, no steps have been taken for issuance of notice on the aforementioned application, pursuant to the order dated 8-12-1986. In the circumstances, the Court has no option, but to dismiss the aforementioned Civil Misc. Application No. 4761 of 1985 (Dated 4-2-1985) for want of prosecution. The aforementioned Civil Misc. Application No. 4761 of 1984 (Dated 4-2-1985) is, accordingly, dismissed for want of prosecution. As noted above, the said application was filed consequent to the death of Vinodee Lal Sharma on 29th October 1984.