Allahabad High Court
State Of U.P. vs Jugendra Singh on 1 August, 2019
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- SECOND APPEAL No. - 1733 of 1991 Appellant :- State Of U.P. Respondent :- Jugendra Singh Counsel for Appellant :- A.P. Singh Counsel for Respondent :- Subhash Kumar,Subodh Kumar Hon'ble Harsh Kumar,J.
List revised. No one present for respondent.
Sri Sudhir Solanki, learned A.S.C. for appellant is present.
As per order sheet dated 17.12.2018, it was reported by appellant that sole respondent has expired, seeking time for moving substitution application. Since then further time was sought by appellant for moving substitution application, which was granted on 1.3.2019, 1.4.2019, 26.4.2019 and again on 16.7.2019, but after expiry of more than seven months, no substitution application has been moved.
Learned A.S.C. submitted that despite repeated information given to appellant, no instructions have been received and nobody has turned up with particulars of legal representatives of sole respondent for substitution.
A period of more than seven months has passed and so the automatic abatement has taken place and appeal against respondent stands abated.
Since there was sole respondent, the appeal stands abated as a whole and is liable to be dismissed.
The appeal is dismissed as abated.
Interim order, if any, stands vacated.
Let a copy of this judgment be sent to Court below for necessary action, if any.
Order Date :- 1.8.2019 Tamang