Satya Poot Mehrotra, J. - (1.) IT appears that consequent to the elevation of Shri S.R. Mishra, who had been appearing as the learned Counsel for the defendant -appellant, notice was issued to the defendant -appellant by registered post A.D. fixing 21.2.2000 for engaging another Counsel. The office has submitted its report dated 20.4.2007/7.5.2007/21.5.2007/4.7.2007.
(2.) A perusal of the said office report shows that the registered envelope, wherein the said notice was sent to Chhedi Gosain (defendant -appellant), has been received back undelivered with the endorsement of the postman. A perusal of the registered envelope shows that the same has been returned back, undelivered with the following endorsement made by the postman on 25.1.2000:
(3.) THE said office report shows that none has put in appearance on behalf of the said Chhedi Gosain (defendant -appellant), nor has any substitution application been filed on behalf of the heirs and legal representatives of the said Chhedi Gosain (defendant -appellant) for being substituted in place of the said Chhedi Gosain (defendant -appellant).;