IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 303 of 2004 Date of decision: 17.3.2011 The Chhanni Bricks Production …Petitioner. Versus Bir Singh and others ….Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. H.K.Bhardwaj, Advocate. For the respondent No.1: Mr. K.D.Sood, Advocate. Deepak Gupta, J. (Oral) 1. Respondent No.7 has not been served till date and the matter is hanging fire due to non service of respondent No.7. I find that respondent No.7 is not at all be affected by the objections filed by the present petitioner in the trial Court and it is only the decree holders who are the affected parties by the impugned order. Therefore, the matter is heard in the absence of respondent No.7. 2. This petition is directed against the order dated 9.9.2004 whereby the appeal filed by the present petitioner against the order of the Executing Court dismissing the objection of the petitioner was dismissed on account of want of prosecution as the 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 petitioner had not taken any steps to serve respondent No.7. As observed by me above respondent No.7 being a judgement-debtor was not directly affected. In any event, in the interest of justice this order is set- aside and the matter is remanded to the learned lower Appellate Court, who shall first consider whether respondent No.7 is a necessary party in the appeal or not. In case respondent No.7 is found to be a necessary party in the appeal then the petitioner shall be directed to take steps for service. It is made clear that the petitioner shall be given only one opportunity to serve respondent No.7 and it shall be his responsibility to serve him. In case, the petitioner fails to serve respondent No.7 then the appeal shall be dismissed for non-prosecution. The petitioner can be given Dasti summons for service of respondent No.7. 3. The parties through their counsel are directed to appear before the learned Appellate Court on 19th April, 2011. The Appellate Court is further directed to ensure that the appeal is disposed of as early as possible and in any event not later than 31st December, 2011. The Registry is directed to send back the record so as to reach well before the date fixed. No order as to costs. 17th March, 2011 (Deepak Gupta) ™ Judge