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2023 Supreme(All) 1531

SHAMIM AHMED
Jose Papachen – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home, Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vishva Nath Pratap Singh

JUDGMENT :

1. This Court vide order dated 24.08.2023 had passed the following order:

    “1.The case is being taken up in the revised call.

2. Learned A.G.A. has already filed the counter affidavit. In reply thereto learned counsel for the appellant has filed the rejoinder affidavit. The same are available on record.

3. Vide order dated 31.07.2023 this Court had passed the following order:

"Learned A.G.A. has filed counter affidavit today in Court. The same is taken on record.

Learned counsel for the appellants prays for and is allowed ten days' time to file rejoinder affidavit.

As per Office Report dated 28.07.2023, notice has already been served upon opposite party no.2 but neither any counter affidavit has been filed till date nor any counsel is present to represent the opposite party no.2.

As a last opportunity, ten days' time is granted to the opposite party no.2 for filing counter affidavit. Two days, thereafter, is allowed to the learned counsel for the appellants to file rejoinder affidavit.

Put up this case on 24.08.2023. "

4. Today, when the case is taken up, neither any counsel has appeared on behalf of opposite party No. 2 nor counter affidavit has been filed on her behalf. It appear

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