RADHEY SHYAM Vs. NABBU RAM

JUDGEMENT

(1.) THE instant second appeal was filed beyond time. After the delay was condoned, record was summoned and it was stipulated between the respective Counsels that the matter will be decided finally at the stage of admission itself since the appeal was filed on 4. 9. 1984 and 23 years was spent for effecting service of the application for condonation of delay. The Lower Court record is available.

(2.) ON 13. 3. 2008 after hearing the Counsel for the appellants Sri M. K. Gupta and Sri Mayank Agrawal and the Counsel for respondent Sri A. K. Trivedi, following substantial question of law was formulated which arises in the instant second appeal.-

(3.) ON the request of Counsel for the respondents, the appeal was adjourned for the next day and 14. 3. 2008 was fixed for arguments. On 14. 3. 2008 when the appeal came up for arguments, once again a request was made on behalf of the respondents to adjourn the case to 17. 3. 2008 for engaging a Senior Counsel. The request was accepted though there was an objection on the part of the Counsel for the appellant. Today when the appeal was called out for arguments, counsel for the respondents Sri A. K. Trivedi, Advocate was not present and, therefore, the case was directed to be taken up after lunch. A written notice was given by Sri Mayank Agrawal to Sri A. K. Trivedi, Advocate. It appears that there was an endorsement of refusal to accept the notice. The said notice dated 17. 3. 2008 with a noting made by Sri Mayank Agrawal, Advocate 'refused to accept' dated 17. 3. 2008, time 1. 30 P. M. has been placed before me and the said notice is kept on record.