RSA No.3975 of 2009 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3975 of 2009 (O & M) Date of decision:23.07.2010 Rajbala and others ..Appellants Versus Chaman Kumar Jain and others. .. Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG a). Whether Reporters of Local Papers may be allowed to see the judgment ? b). To be referred to the Reporters or not ? c). Whether the judgment should be reported in the Digest ? Present:- None for the appellants. RAKESH KUMAR GARG J. (ORAL) This appeal came up for motion hearing for the first time on 16.11.2009. However, no one was present on behalf of the appellants and in the interest of justice, the case was adjourned to 22.12.2009. On 22.12.2009, one Mr.G.S.Jagpal, Advocate appeared for the appellants and made a request though he was not a counsel in the present appeal. However, on his request, the case was adjourned to 16.04.2010. Thereafter, the case came up for hearing on 11.05.2010 and on that date also no one was present on behalf of the appellants and the case was adjourned for today. Today, none has appeared on behalf of the appellants to assist the Court. The Hon'ble Supreme Court of India in the case of Smt. Poonam Vs.Sumit Tanwar, (AIR 2010 SC 1384) has observed that the Court is not obliged to decide the case on merits if necessary assistance is not provided to the Court. The relevant observations of the Hon'ble Supreme RSA No.3975 of 2009 (O & M) ::2:: 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 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. (RAKESH KUMAR GARG) July 23, 2010 JUDGE Sukhpreet