BASHIR AHMED SHEIKH Vs. AHSAN MIR

JUDGEMENT

(1.) Mohd. Sheikh filed Civil Second Appeal No. 28/82 against the judgment and decree dated 30-9-82 of District Judge, Srinagar whereby the plaintiff appellants suit for declaration and In alternative for enforcement of right of prior purchase in respect of 4 marlas of land with trees standing thereon situated at village Kanguna Tehsil Shopian was dismissed. The Civil Second Appeal was dismissed on 25-3-1983 by following order :

(2.) Appellant-applicant filed an application No. 44-A/B on 26-3-1983 for recall of the order and restoration of appeal. During pendency of this application as the non-applicant-respondents to the main appeal could not be served through ordinary mode and manner. Appellant filed an application supported by an affidavit praying for orders for substituted service through publication in newspaper. For the purpose he filed an application No. 367/87. The motion was allowed on 13-10-1987 after the Ld. Judge recorded his satisfaction that the respondents other than respondent No. 1 who was represented by the counsel could not be served in the ordinary mode and manner. Accordingly, respondents were directed to be served through publication in daily Aftab, after the publication charges are deposited within ten days.

(3.) However, this direction of the Court was flouted, inasmuch as steps were not taken by the party for publication of the notice. The matter came on board on 7-11-1987, on this date, last opportunity for the above purpose was given. Yet this opportunity too was not availed of. Ultimately when the matter came up before Court on 29-1-1988 the Court dismissed the CMP as also the appeal.