Roshan Lal And Others vs Sudesh Kumar And Others on 13 March, 2014

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Punjab-Haryana High Court

Roshan Lal And Others vs Sudesh Kumar And Others on 13 March, 2014

Bench: K. Kannan

                                                              Archana arora
FAO No. 878 of 1999                                       1   2014.03.14 15:21
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

                                         FAO No. 878 of 1999
                                Date of decision March 13 , 2014

Roshan Lal and others
                                               ....... Appellants
                               Versus

Sudesh Kumar and others
                                               ........ Respondent

CORAM:              HON'BLE MR. JUSTICE K. KANNAN

Present:-           None for the appellants.

                    Mr. Rajesh K Sharma, Advocate
                    for respondent No.5-Insurance Co.

                         ****

1. Whether reporters of local papers may be allowed to see the judgment ?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest?

K. Kannan, J (oral).

1. The appeal is posted for hearing for final disposal. In a fire accident that took place on 31.1.2011 many of the files in the MACT Section were burnt. The matter was widely reported in Press and the Registry has also circulated appeals to the counsel appearing on behalf of the parties in the MACT cases to furnish the copies and assist the Court in re-constructing the files. A committee was also constituted by the High Court and provided for presentation of copies of the paper books to help the Court reconstruct the files. The file which is now brought is one such re- constructed file.

2. In some cases where no information was available as regards the counsel, notice had been sent to the parties FAO No. 878 of 1999 2 at the address available in the Registry. In some cases even such notices could not be given for want of information about the details of address of parties.

3. Under normal circumstances it is expected that the counsel who is representing a party still has the details of all the cases entrusted to him, irrespective of the fact that the original files were lost from Court's custody. When cases are brought for hearing with the counsel's name present, it is only expected that the representation shall be made by the counsel on behalf of the party to proceed with the case. There is no representation for the appellant in spite of the fact that the name of the counsel is printed in the cause title.

4. The appeal is dismissed for default of appearance and non-prosecution.

5. Copy of the order may be dispatched to the parties/counsel whose name appear in the cause title.

(K. KANNAN) JUDGE March 13, 2014 archana

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