Allahabad High Court
JHAU LALversusMANAGER/OCCUPIER/OWNER LATE MADHURI BANSAL BRICK KILN and ANR.
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- PRASHANT KUMAR
Holding
The appeal is dismissed for want of prosecution due to the appellant's failure to appear.
Summary
The appellant, Jhau Lal, filed a first appeal against an order dated 2018 concerning a dispute with the manager/occupier/owner of a brick kiln. The appeal was listed before the Allahabad High Court, Lucknow Bench, but the appellant failed to appear or request any adjournment. The respondent's counsel, Subhash Chandra Gulati, was present and ready to argue. The court noted the absence of the appellant and the lack of any request to continue the proceedings. Consequently, the court dismissed the appeal for want of prosecution, thereby upholding the lower court's order.
Issues considered
- What is the appropriate procedural consequence when an appellant fails to appear for a scheduled hearing without seeking an adjournment?
Subjects
- appeal
- dismissal
- want of prosecution
- procedural law
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
FIRST APPEAL FROM ORDER No. - 314 of 2018
Jhau Lal
.....Appellant(s)
Versus
Manager/Occupier/Owner Late Madhuri Bansal
Brick Kiln And Anr. .....Respondent(s)
Counsel for Appellant(s) : Kirti Kar Tripathi, Shrikant Tripathi
Counsel for Respondent(s) : Subhash Chandra Gulati
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. Learned counsel for
the respondents is present.
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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