RFA No.4912 of 2010(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.4912 of 2010(O & M) Date of Decision:07.09.2011 Natha Ram & Ors. ....appellants Versus State of Haryana & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: None *** RAKESH KUMAR GARG, J.(ORAL): This is landowners' appeal challenging the impugned award dated 01.12.2009 passed by the reference Court on the ground that the compensation awarded by the said Court was on the lower side. On 27th January, 2011, the following order was passed: Present: None CM 12259 CI of 2010 is allowed. Exemption from filing certified copy of the judgment is granted. CM 12261 CI of 2010 is allowed. Delay of 23 days in refiling the appeal is condoned. Notice of CM 12260 CI of 2010 u/s 5 of the Limitation Act for 4.5.2011. Thereafter, on 04th May, 2011, the following order was RFA No.4912 of 2010(O & M) 2 passed: Present: None Notice could not be issued to the respondent for want of process fee. Needful be done within a period of one week. Fresh notice of the application for condonation of delay to the respondent be issued for 07.09.2011. Today, again no one is present on behalf of the appellants. Even necessary requisites have not been furnished in pursuance of the order dated 04.05.2011. The Hon'ble Supreme Court in the case of Smt.Poonam vs.Sumit Tanwar(AIR 2010 SC 1384) has observed as under: “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 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.” RFA No.4912 of 2010(O & M) 3 In view of the aforesaid, the present appeal is dismissed for non-prosecution. (RAKESH KUMAR GARG) JUDGE 07.09.2011 neenu