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BAWA NIHAL SINGH
v.
THE STATE OF PUNJAB THROUGH LAND ACQUISITION
COLLECTOR, FARIDKOT.
NOVEMBER 1, 1995
[K. RAMASWAMY AND B.N. KIRPAL, JJ.]
Practice & Procedure :
Non-compliance of Court's notice-Non-payment of deficit process fee
and non-filing of applications-Time granted to comply with and in default
ordered that the application shall be dismissed-By self-operation of order,
applications stand dismissed-Consequently appeal dismissed as having
abated as a whole.
In this appeal despite several letters, deficit process fee was not paid
and applications were not filed. When the matter was listed again, it was
reported that one of the appellants died and his legal representatives were
to be brought on record; and that the deficit process was not deposited and
applications were not filed. One more notice was issued but there was no
compliance. Once again the matter was listed on 2.1.95 and this Court
granted four weeks time for complying with the office objections and or-
dered that in default the Civil Miscellaneous Petition would stand dis-
missed.
Disposing of the matter, this Court
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HELD: In view of this Court's order dated 2.1.95 the applications by
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self-operation of the said order stand dismissed. Consequently the appeal
also requires to be dismissed as having abated as a whole. (691-D]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8392 of
1983.
From the Judgment and Order dated
Haryana High Court in R.F.A. No. 94 of 1975.
11.9.79 of the Punjab &
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Mrs. Kamaljcet Kochhar for J.D. Jain for the Appellant.
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Ranbir Yadav for G.K. Bansal for the Respondent.
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B.N. SINGH v. STATE
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The following Order of the Court was delivered :
It is very unfortunate that the matter is not being prosecuted diligent-
ly. It is seen from the office report dated October 25, 1994 that after issue
of notice by this Court on 3.5.1993, letters were issued to the counsel for
the appellant on 15.5.1993, 13.6.1994, 15.7.1994 and 6.8. l994 with a default
clause to pay the requisite deficit process fee and also to file copies of the
applications. However, no action was taken. Again when the matter was
listed on 3.5.1993, it was reported that one of the appellants died and his
legal representatives were directed to be brought on record, notice to be
taken and process fee along with miscellaneous petition was required to be
deposited. The Registry of this Court has given notice to the counsel for
payment of the requisite process fee along with the copies of petitions but
that was also not done. When the matter was again posted before the Court
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on 2.1.1995 for further orders, this Court ordered : "Four weeks for
complying with the office objections. In' default, the Civil Misc. Petition
Nu,. 4315-17/87 shall stand dismissed". Therefore, the applications by self-
opc:ation of the said order stand dismissed.
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Consequently, the appeal also requires to be· dismissed as· having
abated as a whole. It is accordingly dismissed. No costs.
G.N.
Appeal dismissed.
Lex