RSA No.1155 of 2009(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1155 of 2009(O & M) Date of Decision:27.07.2010 Wg.Cdr.H.S.Baidwan .... appellant Versus Sq.Ldr.Ajmer Singh .....respondent 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 for the appellant Mr.S.K.S.Bedi, Advocate for the respondent **** RAKESH KUMAR GARG J.(ORAL): Today, the case is listed at Sr.No.101 in the cause list. No one was present on the first call. A pass over was given. Even on the second call, no one has put in appearance. It may be noticed that vide order dated 17th March, 2009, notice of motion was issued only on the limited question of exploring the possibility of a settlement between the parties, who happens to be father and son. The parties were present in the Court on 26.08.2009 and the possibility of compromise was explored. However, the court found that there was no likelihood of compromise between the parties. Since 26.08.2009, this case is being adjourned at the request of counsel for the appellant. This fact was also noticed by this Court vide order dated 19.07.2010 and while adjourning the case, it was mentioned that no further adjournment shall be granted. RSA No.1155 of 2009(O & M) 2 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” In this view of the matter, I have no option but to dismiss this appeal. Dismissed. (RAKESH KUMAR GARG) JUDGE 27.07.2010 neenu