Allahabad High Court
MOHD ISRAILversusRAJENDRA PRATAP DIOS ANDAMBEDKAR NAGAR
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SAURABH LAVANIA
Holding
The contempt application was dismissed for want of prosecution.
Summary
The applicant, Mohd Israil, filed a civil contempt application against Rajendra Pratap Dios Andambedkar Nagar. The applicant failed to appear before the court to prosecute the application, although the standing counsel was present to assist. The court noted the absence of the applicant and the lack of any steps taken to advance the proceedings. Consequently, the court held that the application could not proceed without prosecution. The application was therefore dismissed. No substantive merits of the contempt claim were examined.
Issues considered
- What procedural requirements must be satisfied for a civil contempt application to be prosecuted?
- Can a contempt application be dismissed solely on the ground of the applicant's failure to appear?
Subjects
- contempt
- civil procedure
- procedural default
- high court
- application dismissed
Judgment
Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 935 of
2007
Applicant :- Mohd Israil
Opposite Party :- Rajendra Pratap Dios Andambedkar Nagar
Counsel for Applicant :- Suraj Saran,Sanjay Misra
Counsel for Opposite Party :- C S C
Hon'ble Irshad Ali,J.
List has been revised.
None has put in appearance for the applicant to press this
application. However, learned Standing Counsel is present to
assist the Court.
Accordingly, this contempt application is dismissed for want of
prosecution.
Order Date :- 16.2.2022
GK Sinha
Digitally signed by GAUTAM KUMAR
SINHA
Date: 2022.02.18 16:48:35 IST
Reason:
Location: High Court of Judicature at
Allahabad, Lucknow Bench
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