Kiran Bala v. Sube Singh & Ors.

1. This case is taken up today as 12.12.2016 was declared as a holiday on account of Milad-Un-Nabi (Birthday of Prophet Mohammad).

2. Process fee has been lying under objections.

3. A perusal of the order sheets reveals that on 5.1.2016, notice was issued to the respondents returnable on 26.4.2016. On 26.4.2016, noting that no steps had been taken by the appellant to serve the respondents, last opportunity was granted to make compliances by all modes, including dasti, returnable before the Registrar on 30.8.2016.

4. On 30.8.2016, it was again recorded by the Registrar that notice could not be issued to the respondents for want of process fee. In view of the said position, the matter was directed to be placed before the Court. On 16.9.2016, one more opportunity was granted to the appellant to serve the respondents by all permissible modes, including dasti. Despite such an 2016:DHC:7973 RFA 6/2016 indulgence granted to the appellant, the report of the Registry for today is that the process fee was returned under objections.

5. In the above background, it is apparent that the appellant does not wish to pursue the appeal which is accordingly dismissed for non-prosecution, along with the pending application. HIMA KOHLI, J DECEMBER 14, 2016 sk