IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.288 of 1988 (O&M) Date of decision: 23.7.2010 Nek Ram ......Appellant(s) Versus Bhag Singh and another .....Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None. Rakesh Kumar Garg, J.(Oral) No one is present on behalf of the appellant. It seems that learned counsel for the appellant does not want to provide necessary assistance to the Court. The Hon'ble Supreme Court in Smt. Poonam Vs.Sumit Tanwar, (AIR 2010 SC 1384) has observed that the Court is not obliged to decide the case on merits if no necessary assistance is not provided to the Court. The relevant observations of the Hon'ble Supreme Court reads as follows:- "In absence of proper assistance to Court by the lawyer, there is no obligation on the part of the Court to decide the case, for the simple reason that unless the lawyer renders the proper assistance to the Court, the Court is not able to decide the case. It is not for the Court itself to decide the controversy. The counsel cannot just raise the issues in his petition and leave it to the Court to give its decision on those points after going through the record and determining the correctness thereof. It is not for the Court itself to find RSA No.288 of 1988 (O&M) -2- out what the points for determination can be and then proceed to give a decision on those points. In case counsel for the party is not able to render any assistance, the Court may decline to entertain the petition". In this view of the matter, this appeal is dismissed. July 23, 2010 (RAKESH KUMAR GARG) ps JUDGE