when the advocate has not issued any notice to the parties, and therefore, the reporting of no instructions is not proper. It is a matter of communication between the appellant and his advocate. There is no substantial question of law which is to be decided by this Court since the appeal was only dismissed for default as consequence of reporting of no instructions by the advocate. Therefore, the Second Appeal is dismissed at the stage of admission. If at all the appellant is advised, the appellant can move application for restoration of the appeal before the Court below.

THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO

S.A.No.136 of 2012

JUDGMENT:

            This Second Appeal is sought to be filed against the judgment and decree occurred in A.S.No.69 of 1999 on the file of the II Additional District Judge, Fast Track Court, Srikakulam, on
04-02-2005.  Consequent on the failure of the appellant to carry out the amendment and as the advocate filed a memo reporting no instructions for the appellant, the appeal was dismissed.  Therefore, it is the case of dismissal of appeal for default and the appellant has got every right to seek for restoration of the same before the competent Court.  But, however, as it was sought to be contended that when the advocate has not issued any notice to the parties, and therefore, the reporting of no instructions is not proper.  It is a matter of communication between the appellant and his advocate. 

There is no substantial question of law which is to be decided by this Court since the appeal was only dismissed for default as consequence of reporting of no instructions by the advocate. 

Therefore, the Second Appeal is dismissed at the stage of admission.  If at all the appellant is advised, the appellant can move application for restoration of the appeal before the Court below.  There shall be no order as to costs.

______________________________

JUSTICE N.R.L.NAGESWARA RAO

Date: 28.06.2012

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