IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1008 of 2009 (O&M) Date of decision: 18.8.2010 M/s Sandhu Pesticides & ors. ......Appellant(s) Versus Popular Pesticides ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. B.S. Jaswal, Advocate for Mr. R.K. Girdhar, Advocate for the appellants. Rakesh Kumar Garg, J. (Oral) This appeal has been directed against a money decree and has been filed without complying with the provisions of Order 41 Rule 1 (3) CPC. On March 10, 2010, learned counsel for the appellant had sought a short adjournment to enable him to take necessary steps for compliance of the aforesaid provisions and the case was adjourned to 21.4.2010. On 21.4.2010, again learned counsel appearing on behalf of the appellant had sought adjournment by filing an adjournment slip stating therein that instructions from the client are incomplete. In the interest of justice, the case was adjourned to 5.5.2010. It was further ordered that in case the compliance of the Order 41 Rule 1(3) CPC is not made before the date fixed, the appeal shall be deemed to be dismissed for non- prosecution. On 5.5.2010, the case was adjourned on written request for today. Today again, a written request has been placed on record stating that the appellant is suffering from chronic disease due to which counsel for the appellant was unable to get the requisite instructions. RSA No.1008 of 2009 (O&M) -2- In view of the aforesaid facts, I find no justification in adjourning the case again and again. The appeal is ordered to be dismissed for non-prosecution as the appellant has failed to comply with the provisions of Order 41 Rule 1(3) CPC. August 18, 2010 (RAKESH KUMAR GARG) ps JUDGE