RSA No.1827 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.1827 of 1989 Date of Decision: 8.11.2011 Ram Rakha .....Appellant Vs. Smt.Bakshish Kaur ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK **** Present : Nemo. .... RAMESHWAR SINGH MALIK, J The defendant is in second appeal against the concurrent findings recorded by the courts below in a suit for recovery, which was decreed with costs vide judgement and decree dated 25.2.1987 passed by the learned trial court. First appeal filed by the defendant was dismissed by the learned Additional District Judge, Jalandhar, vide judgement and decree dated 15.12.1988. Feeling aggrieved, the defendant has filed the present appeal. When this appeal was admitted for regular hearing vide order dated 8.12.1989, the stay was declined. The order dated 8.12.1989 passed by this court reads as under :- RSA No.1827 of 1989 2 “RSA No.1827/1989 Present : Nemo Admitted. Stay is declined. The appellant be informed of the passing of this order, as his learned counsel, Shri Kuldip Singh, Advocate has not put in appearance in spite of the fact that the case was fixed for hearing on 26.10.1989 and on 19.11.1989 when the following orders were passed by this Court : “Present : None Adjourned to 9.11.1989. The office to inform the counsel and a specific note be given that the counsel has noted down the next date. October 26, 1989 JUDGE ... Present : None. After the passing of the order by this Court on the last date of hearing, it appears that a letter was written to the counsel on the address in the High Court itself. The Registry would make all possible efforts to locate the particulars of the counsel, if he is not a member of the Bar of this Court so that he could be informed about the next date. Adjourned to December 8,1989. 9.11.1989 JUDGE 8.12.1989 JUDGE” In view of the above, it appears to this Court that the appellant had never been interested in pursuing the present appeal. Today also, nobody has appeared. Thus, in view of the provisions RSA No.1827 of 1989 3 contained in Order 41 Rule 17(1) of the Code of Civil Procedure and the judgement of the Hon'ble Supreme Court in Secretary, Deptt. of Horticulture, Chandigarh and Anr. V. Raghu Raj, AIR 2009 Supreme Court 514, the appeal is dismissed for non prosecution. 8.11.2011 (RAMESHWAR SINGH MALIK) GS JUDGE