Suresh Kumar and Others Vs. Dr. Kamlesh and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1130795
CourtPunjab and Haryana High Court
Decided OnFeb-28-2014
AppellantSuresh Kumar and Others
RespondentDr. Kamlesh and Another
Excerpt:
fao no.3178 of 2002 1 in the high court of punjab and haryana at chandigarh fao no.3178 of 2002 (o&m) date of decision: february 28, 2014 suresh kumar and others ...appellants versus dr. kamlesh and another ...respondents coram:- hon'ble mr. justice k. kannan1 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?. present: none for the appellants. mr. suman jain, advocate, for respondent no.2. 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 at the address available in the registry. in some cases even such notices could not be given for want singh prem 2014.03.04 11:16 i attest to the accuracy and integrity of this document high court chandigarh fao no.3178 of 2002 2 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 appellants 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. february 28, 2014 (k.kannan) prem judge singh prem 2014.03.04 11:16 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

FAO No.3178 of 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3178 of 2002 (O&M) Date of decision: February 28, 2014 Suresh Kumar and others ...Appellants Versus Dr. Kamlesh and another ...Respondents CORAM:- HON'BLE MR. JUSTICE K. KANNAN1 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?. Present: None for the appellants. Mr. Suman Jain, Advocate, for respondent No.2. 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 at the address available in the Registry. In some cases even such notices could not be given for want Singh Prem 2014.03.04 11:16 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.3178 of 2002 2 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 appellants 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. February 28, 2014 (K.KANNAN) prem JUDGE Singh Prem 2014.03.04 11:16 I attest to the accuracy and integrity of this document High Court Chandigarh