1 S.B. CIVIL SECOND APPEAL NO.21/2008 (Babu Khan Vs. Manchha Lal) Date of Order :: 19th May 2008 HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.R.R.Nagori for the appellant ... BY THE COURT: Learned counsel Mr.R.R.Nagori appearing for the appellant submits that despite sending repeated communications by all possible modes, the appellant has not responded. On 03.04.2008 this Court found that no substantial question of law is involved in the appeal but notices were ordered to be issued to the respondent-plaintiff only on the question as to why the proposition of granting some extra time to the appellant to vacate the premises be not given consideration, but then, the order was subject to the condition that the appellant shall submit a specific undertaking with affidavit to this Court, of complying with the requirements of the final order to be passed in this appeal; and only upon the appellant's submitting a specific undertaking supported by affidavit on or before 15.04.2008 that notices were to be issued on the limited point. The office, however, proceeded to issue notices as filed on behalf of the appellant despite no 2 undertaking having been filed. An explanation for such default has now been submitted by the staff concerned of not been able to comprehend the requirements of the order dated 03.04.2008 and the Dy. Registrar (Judicial) has pointed out that the matter has been referred to the Registrar General for taking appropriate action against the delinquent. So far this appeal is concerned, it is an admitted position that the appellant has yet not submitted specific undertaking as required by the order dated 03.04.2008; and, as submitted by the counsel, has not responded to his communications either. The appeal does not involve any substantial question of law and stands concluded by findings of fact. There appears no reason to keep this appeal pending any further. The appeal is, therefore, dismissed summarily. (DINESH MAHESHWARI), J. MK