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2018 Supreme(Jhk) 2282
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Shree Chandrashekhar, J.
Rakesh Pal - Appellant
Versus
Ram Vriksha Pal & Ors. - Respondent
W.P. (Civil) No. 970 of 2015
Decided On : 11-06-2018
Failure to be represented through counsel and failure to file an application for substitution of respondents can lead to dismissal of a petition in default.
Headnote:
Dismissal - Default - The court dismissed the writ petition in default due to the absence of the petitioner's counsel and failure to file an application for substitution of respondents.
Fact of the Case:
The petitioner was aggrieved of an order passed in Title Appeal No. 18 of 2013. The petitioner's counsel was absent on multiple hearing dates, and no application for substitution of respondents was filed.
Finding of the Court:
The court dismissed the writ petition in default due to the absence of the petitioner's counsel and failure to file an application for substitution of respondents.
Issues: Absence of petitioner's counsel, failure to file application for substitution of respondents
Ratio Decidendi: The court found that the petitioner's failure to be represented through counsel and failure to file an application for substitution of respondents warranted the dismissal of the writ petition in default.
Final Decision: The writ petition was dismissed in default.
JUDGMENT
Shree Chandrashekhar, J. – The petitioner is aggrieved of order dated 23.12.2014 passed in Title Appeal No. 18 of 2013.
2. When the matter is called out the learned counsel for the petitioner is absent.
3. After this Court issued notice on 21.09.2015, when the matter was listed next on 16.10.2015, the petitioner was not represented through his counsel. On the next three dates of hearing, that is, on 06.11.2015, 26.11.2015 and 20.09.2017 at the instance of the learned counsel for the petitioner hearing of this writ petition was adjourned. No application for substitution of respondent nos. 1 and 2 has yet been filed.
4. The writ petition is dismissed in default.
