Allahabad High Court
SMT.KALAWATIversusCHANDRA PRAKASH AND ORS.
- Decided
- Disposal
- Decided by Lok Adalat
- Bench
- RAJEEV SINGH
Holding
The appeal will be dismissed if the appellant does not summon the records within one week.
Summary
Kalawati filed a first appeal against Order No. 862 of 2013. The appellant's counsel had not taken steps to summon the case records as required. The court, noting the office report dated 17.10.2022, observed this non‑compliance. It granted the appellant one week to procure the records. The order warned that failure to do so would result in the appeal being dismissed without further recourse. The order was dated 16.11.2023.
Issues considered
- Whether the appellant's failure to summon the records warrants dismissal of the appeal
Subjects
- civil procedure
- appeal
- record summons
- court order
Judgment
Court No. - 19
Case :- FIRST APPEAL FROM ORDER No. - 862 of 2013
Appellant :- Smt.Kalawati
Respondent :- Chandra Prakash And Ors.
Counsel for Appellant :- Mayank Pandey
Counsel for Respondent :- Mahendra Kumar Mishra,Pankaj
Pathak
Hon'ble Jaspreet Singh,J.
The office report dated 17.10.2022 indicates that the learned
counsel for the appellant has not taken steps for summoning of
the records.
The learned counsel for the appellant is granted a week's time to
take steps for summoning of the record failing which the appeal
shall stand dismissed without further recourse of the day.
Order Date :- 16.11.2023
Asheesh
Digitally signed by :-
ASHEESH KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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