RSA No.434 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.434 of 2008 (O&M) Date of decision: 11.8.2010 Dharam Singh ......Appellant(s) Versus Ish Kumar LR of Dharam Pal ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Ms. Geeta Sharma, Advocate for the appellant. Rakesh Kumar Garg, J. (Oral) As per Office report, dasti notice issued to the respondent has not been received back served or otherwise. It may be seen that notice of motion was issued in this case on 12.2.2008. However, the respondent could not be served. Vide order dated 10.11.2009, this Court had directed the appellant to serve the respondent by way of dasti notice still the respondent could not be served. On 10.11.2009, the following order was passed: “Present: Ms. Geeta Sharma, Advocate for the appellant. Learned counsel for the appellant states that the respondent is residing at the given address but is intentionally avoiding from getting served in the appeal. Fresh notice be issued for 5.2.2010. Process dasti also. November 10, 2009 (TPS MANN) JUDGE” RSA No.434 of 2008 (O&M) 2 Thereafter, on 5.2.2010, this Court passed the following order: “Present: Mrs. Geeta Sharma, Advocate for the appellant(s). As per Office report, respondent could not be served by ordinary process. Vide order dated 10.11.2009, the respondent was directed to be served by way of dasti process also. However, learned counsel for the appellant is unable to submit information to this court with regard to the service upon respondent by way of dasti process. Let the respondent be served by way of dasti process only on the address furnished by the appellant, for 12.5.2010. February 05, 2010 (RAKESH KUMAR GARG) JUDGE” On 12.5.2010, the following order was passed: “Present: Ms. Geeta Sharma, Advocate for the appellant. Learned counsel for the appellant has very fairly stated that the appellant was unable to serve the respondent by way of dasti. Learned counsel for the appellant has prayed that one more opportunity be granted to serve the respondent by way of dasti process. Ordered accordingly List on 11.8.2010. RSA No.434 of 2008 (O&M) 3 Let the respondent be served by way of dasti for the aforesaid date. 12.5.2010 (RAKESH KUMAR GARG) JUDGE” Today, learned counsel appearing on behalf of the appellant has stated that the dasti notice has not been served. In this view of the matter, I find that the appellant is not keen to pursue his remedy of appeal. Dismissed for non-prosecution. August 11, 2010 (RAKESH KUMAR GARG) ps JUDGE