Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA 203
Sher Singh
Nazam Ali and
CORAM:
Present:-
NIDHI GUPTA J. (Oral)
the appellant/defendant No.3 against the judgment of reversal dated 24.10.2001 passed by the learned Additional District Judge, Jagadhri whereby the learned first Appellate Court h and decree dated 04.10.1999 passed by the learned Divn.), Jagadhri vide which the suit of the plaintiffs/respondents was dismissed.
was passed by this Co RSA-4802-2001 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Regular Second Appeal No.4802 of 2001
Date of decision :-02.09.2025 Sher Singh Versus Nazam Ali and others
CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA
Ms. Maninee, Advocate for
Mr. Sandeep Sharma, Advocate for the appellant.
Ms. Nirmala Jangra, Advocate for Mr. Sachin Gupta, Advocate for respondents No.1 and 3 to 6.
GUPTA J. (Oral)
The present regular second appeal has been preferred by the appellant/defendant No.3 against the judgment of reversal dated 24.10.2001 passed by the learned Additional District Judge, Jagadhri whereby the learned first Appellate Court h and decree dated 04.10.1999 passed by the learned Divn.), Jagadhri vide which the suit of the plaintiffs/respondents was dismissed.
On the last date of hearing 28.4.2025 the following order was passed by this Court :-
“This case is coming up for hearing after
2017.
1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.4802 of 2001 (O & M) .2025 …..Appellant …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA
Mr. Sandeep Sharma, Advocate Ms. Nirmala Jangra, Advocate for Mr. Sachin Gupta, Advocate for respondents No.1 and 3 to 6. The present regular second appeal has been preferred by the appellant/defendant No.3 against the judgment of reversal dated 24.10.2001 passed by the learned Additional District Judge, Jagadhri whereby the learned first Appellate Court had set aside the judgment and decree dated 04.10.1999 passed by the learned Civil Judge (Jr. Divn.), Jagadhri vide which the suit of the plaintiffs/respondents was On the last date of hearing 28.4.2025 the following order
“This case is coming up for hearing after VIJAY ASIJA 2025.09.02 19.10 I attest to the accuracy and integrity of this document
despite best efforts she is unable to representatives of the deceased
of the deceased present appeal as no efforts have been made by them counsel.
RSA-4802-2001 (O & M)
Learned counsel for the appellant submits that he has been informed yesterday that the sole appellant has expired and seeks time to implead LRs of the deceased-appellant.
Learned counsel for parties requisitioning the records of the learned Courts below so that they may be in a position to go through the same and make submissions.
Adjourned to 02.09.2025 to enable learned counsel for the appellant to do the needful qua impleading LRs of deceased
Let, photocopy of the records of the learned Courts below in properly indexed, paginated, tagged, and bound condition be requisitioned before the next date of hearing to enable learned counsel for the parties to go through the same and make submissions.
In the meanwhile, learned counsel for the parties shall furnish their respective short synopsis, list of dates and events in chronological
order, written arguments and list of judgments, if any, as well as the translated copies of the r lower Court record(s).”
It is submitted by learned counsel for the appellant that despite best efforts she is unable to establish contact with the legal representatives of the deceased-appellant.
From the above, it is clear that the legal repre of the deceased-appellant, if any, are not interested in pursuing the present appeal as no efforts have been made by them
2
Learned counsel for the appellant submits that he has been informed yesterday that the sole appellant has expired and seeks time to implead appellant.
Learned counsel for parties request for requisitioning the records of the learned Courts below so that they may be in a position to go through the same and make submissions. Adjourned to 02.09.2025 to enable learned counsel for the appellant to do the needful qua eceased-appellant. Let, photocopy of the records of the learned Courts below in properly indexed, paginated, tagged, and bound condition be requisitioned before the next date of hearing to enable learned counsel for the parties to go through the same and In the meanwhile, learned counsel for the parties shall furnish their respective short synopsis, list of dates and events in chronological
order, written arguments and list of judgments, if any, as well as the translated copies of the relevant lower Court record(s).” It is submitted by learned counsel for the appellant that establish contact with the legal appellant. From the above, it is clear that the legal representatives appellant, if any, are not interested in pursuing the present appeal as no efforts have been made by them to contact their VIJAY ASIJA 2025.09.02 19.10 I attest to the accuracy and integrity of this document
However, in case any cause of action su the legal representative(s) of the sole deceased present appeal within a period of six weeks from today.
September 0 Vijay Asija
Whether speaking/reasoned Yes / No Whether Reportable Yes / No
RSA-4802-2001 (O & M)
Accordingly, the present appeal stands However, in case any cause of action survives, the liberty is granted to the legal representative(s) of the sole deceased present appeal within a period of six weeks from today.
Pending application(s), if any, shall stands disposed of. September 02, 2025
Whether speaking/reasoned Yes / No Whether Reportable Yes / No
3 Accordingly, the present appeal stands disposed of. rvives, the liberty is granted to the legal representative(s) of the sole deceased-appellant to revive the present appeal within a period of six weeks from today. Pending application(s), if any, shall stands disposed of.
( NIDHI GUPTA )
JUDGE VIJAY ASIJA 2025.09.02 19.10 I attest to the accuracy and integrity of this document