- (1.) Pursuant to the order dated 6.12.2005, the case is listed today under Chapter XII, Rule 4 of the Rules of the Court with the Office Report dated 20.2.2006.
(2.) Shri A.N. Bhargava, learned counsel for the defendant-appellant is present. He states that despite repeated communications having been sent to the defendant-appellant, the defendant-appellant has not contacted him (Shri A.N. Bhargava) and, as such, he (Shri A.N. Bhargava) is not in a position to take steps pursuant to the order dated 6.12.2005 passed by the Court read with the order dated 5.5.1988 passed by the Joint Registrar. As the matter is listed today under Chapter XII, Rule 4 of the Rules of the Court, the Court is proceeding to pass appropriate orders in the matter. By the order dated 2.4.1985, the Second Appeal was admitted, and notices were directed to be issued on the Second Appeal.
(3.) It appears that pursuant to the said order dated 2.4.1985 passed on the Second Appeal, notices were issued to the respondents nos. 1,2 and 3. The Office submitted its Report dated 10.3.1988 regarding service of notices issued to the respondents nos. 1,2 and 3 pursuant to the said order dated 2.4.1985 passed on the Second Appeal. It further appears that in view of the said Office Report dated 10.3.1988, the Joint Registrar by his order dated 5.5.1988 directed for taking fresh steps by Registered Post A/D for issuance of notices to the respondents nos. 1,2 and 3. It further appears that requisite steps for issuance of notices pursuant to the said order dated 5.5.1988 passed by the Joint Registrar were not taken on behalf of the defendant-appellant. In the circumstances, the case was listed before the Court on 6.12.2005 with the Office Report dated 30.11.2005.;