SECOND APPEAL None on 30 November 2005

Arguments

Case :- SECOND APPEAL No. - 1799 of 1976

Appellant :- R.P. Singh

Respondent :- Kashim Khan And OthersCounsel for Appellant :- P.C. Gautam,I.P. Singh,Mahesh Gautam,Ranjit Saxena,Vijai GautamCounsel for Respondent :- H.S. Nigam,Haider Hussain Hon'ble Ved Prakash Vaish,J.

List revised. Case called out.

Sri Amit Kumar Mishra, Advocate holding brief of Sri Ranjit Saxena,learned counsel for the appellant is present.

None appeared on behalf of the respondents.

Learned counsel for the appellant submits that the appeal was dismissed indefault on 30.11.2005 and an application for restoration of appeal wasfiled on 1.10.2013. He also submits that a counter affidavit/reply to theapplication for restoration of appeal was filed on 17.11.2015.

However, on perusal of the file it is revealed that on 18.5.2017, notice onthe application for restoration of appeal was issued to the respondents.

Office is directed to check and submit a report whether the notice on theapplication for restoration of appeal was served on the respondents andreply to the application for restoration was filed on 17.11.2015.

Request for adjournment is made by the learned counsel for the applicanton the ground that Sri Ranjit Saxena, arguing counsel for the appellant isnot available today.

As requested, list this matter after three weeks.

(Ved Prakash Vaish, J.)

Order Date :- 12.1.2018Vivek Kr.