Smt. Jhamku & Anr vs Sohan Lal & Anr on 11 September, 2008

2         S.B. CIVIL RESTORATION PETITION NO.38/2006
          Smt.Jhamku & Anr. Vs. Sohan Lal & Anr.

         Date of Order ::     11th September 2008.

               HON'BLE MR. JUSTICE DINESH MAHESHWARI

         None present.

                                      ....

               In this restoration petition, there is no appearance on
         behalf of the petitioners despite repeated listing.
               On 11.08.2008, nobody was present and the matter was
         ordered to be placed next week. Nobody was present on
         19.08.2008 and yet the matter was adjourned for two weeks.
         Then, the matter was passed over on 04.09.2008 and on
         08.09.2008; and today also nobody is present.
               Looking to the submissions as made on behalf of the
         petitioner by way of additional affidavits, notices were ordered
         to be issued in this matter on 02.11.2006. The notices have
         regularly     been    received      unserved.    However,    since
         04.06.2007, no steps have been taken for filing fresh notices
         and nobody has attended the matter for long.
               The related appeal was also dismissed in default after
         having been called out several times. The appeal had been
         filed in relation to the order as passed on 14.03.2000 refusing
         to set aside default dismissal of the claim application.
               With the consistent defaults all through and then, for the
         petitioners failing to get the non-petitioners served       in this
         restoration    application    and    nobody     appearing   despite
         extending all opportunities, this Court left with no option but to
         dismiss this petition for want of prosecution.
               This restoration petition is, therefore, dismissed.


                                             (DINESH MAHESHWARI), J.

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