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Allahabad High Court

PRADEEP KUMARversusSRI SHIV SINGH AND ANOTHER

Decided

Holding

The appeal is dismissed for want of prosecution.

Summary

The appellant, Pradeep Kumar, filed a first appeal against the order dated 2010. The appeal was listed for hearing on a revised list, but the appellant failed to appear before the court. Counsel for the respondents, Sri Shiv Singh and another, were present. The court dismissed the appeal on the ground of want of prosecution due to the appellant's non‑appearance. Consequently, any interim order that may have been in force was vacated.

Issues considered

  • Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to appear?

Subjects

  • appeal
  • want of prosecution
  • civil procedure
  • high court

Judgment

                                                                            Neutral Citation No. - 2023:AHC:234839



                                        Court No. - 2

                                        Case :- FIRST APPEAL FROM ORDER No. - 1278 of 2010

                                        Appellant :- Pradeep Kumar
                                        Respondent :- Sri Shiv Singh And Another
                                        Counsel for Appellant :- Sanjay Agrawal
                                        Counsel for Respondent :- Radhey Shyam,Rajeev Ojha

                                        Hon'ble Saral Srivastava,J.
                                        None for the appellant even when the case is called in revised
                                        list. Learned counsel for the respondents is present.
                                        The appeal is dismissed for want of prosecution.
                                        Interim order, if any, stands vacated.
                                        Order Date :- 6.12.2023
                                        S.Sharma




Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad


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