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Allahabad High Court

RAJENDRA SINGHversusSHIV CHARAN ALIAS SHIV CHANDRA AND ORS.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The appeal was dismissed for want of prosecution as no party appeared and no adjournment was requested.

Summary

The appellant, Rajendra Singh, filed a first appeal against the order dated 2016. No counsel or party appeared on behalf of the appellant to prosecute the appeal, and no request for adjournment was made. The respondent's counsel, Anchal Mishra, was present. The court noted the absence of any prosecution of the appeal. Consequently, the court dismissed the appeal for want of prosecution. The judgment was delivered on January 5, 2026.

Issues considered

  • Whether an appeal may be dismissed for want of prosecution when no party appears and no adjournment is sought.

Subjects

  • appeal
  • procedural default
  • want of prosecution
  • civil procedure

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                LUCKNOW
                                                     FIRST APPEAL FROM ORDER No. - 229 of 2016

                                     Rajendra Singh
                                                                                              .....Appellant(s)
                                                                        Versus

                                     Shiv Charan Alias Shiv Chandra And Ors.
                                                                                            .....Respondent(s)

                                     Counsel for Appellant(s)        : Mohammad Ehtesham Khan, Shobhit
                                                                       Nigam, Suresh Kr.Gupta
                                     Counsel for Respondent(s)       : Anchal Mishra

                                    Court No. - 20
                                                        HON'BLE PRASHANT KUMAR, J.

                                    1. Case called out in the revised call.

                                    2. No one appeared on behalf of the appellant(s) to press this appeal nor
                                    there is any request to adjourn or pass over the case.

                                    3. Accordingly, the appeal is dismissed for want of prosecution.



                                                                                        (Prashant Kumar,J.)
                                    January 5, 2026
                                    Anupam S/-




Digitally signed by :-
ANUPAM SINGH PATEL
High Court of Judicature at Allahabad,
Lucknow Bench


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