CHHEDI GOSAIN Vs. RAM KINKAR PANDEY AND ORS.

JUDGEMENT

(1.) IT appears that consequent to the elevation of Shri S.R. Mishra, who had been appearing as the learned Counsel for the defendant -appellant, notice was issued to the defendant -appellant by registered post A.D. fixing 21.2.2000 for engaging another Counsel. The office has submitted its report dated 20.4.2007/7.5.2007/21.5.2007/4.7.2007.

(2.) A perusal of the said office report shows that the registered envelope, wherein the said notice was sent to Chhedi Gosain (defendant -appellant), has been received back undelivered with the endorsement of the postman.

(3.) THE said office report shows that none has put in appearance on behalf of the said Chhedi Gosain (defendant -appellant), nor has any substitution application been filed on behalf of the heirs and legal representatives of the said Chhedi Gosain (defendant -appellant) for being substituted in place of the said Chhedi Gosain (defendant -appellant).