Suresh Chander v. Durga Dutta & Ors.

1. The matter was passed over on the first call as none was present on behalf of the appellant. The position remains the same on the second call.

2. A perusal of the record reveals that on the first date of hearing, i.e., 26.10.2016, when the appeal was listed for admission, learned counsel for the appellant had sought an adjournment on the ground that he had not been able to prepare the brief and was not in a position to answer the queries posed to him by the court. At his request, the case was adjourned to 23.11.2016.

3. On 23.11.2016, counsel for the appellant had again sought an adjournment on the ground that he was not prepared with the brief. Last opportunity was granted to learned counsel for the appellant to address arguments on the next date of hearing and the case was adjourned for today. Despite the same, the appellant and his counsel have absented themselves. 2017:DHC:156 RFA 842/2016

4. In these circumstances, this Court has no option but to dismiss the appeal in default and for non-prosecution, along with the pending application. HIMA KOHLI, J JANUARY 10, 2017 sk/ap