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Allahabad High Court

SHIV KUMARI AND ORS.versusTHE ORIENTAL INSURANCE COMPANY LTD.THRO BRANCH MANAGER and ORS

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

Holding

The appeal is dismissed as no party appeared and no steps were taken to prosecute the matter.

Summary

Shiv Kumari and others filed a first appeal against an order dated 2017 passed by The Oriental Insurance Company Ltd. The appeal was listed before the Allahabad High Court, Lucknow Bench, under Chapter XII Rule 4 of the High Court Rules, 1952. No party, including the appellant or the respondent, appeared before the court on the scheduled date, and no steps were taken to advance the matter. The bench, presided over by Justice Rajnish Kumar, noted the lack of appearance and procedural inactivity. Consequently, the court dismissed the appeal for want of prosecution.

Issues considered

  • Whether an appeal may be dismissed for non-appearance of the parties and lack of any steps taken to advance the proceedings

Subjects

  • procedural law
  • non-appearance
  • appeal dismissal
  • high court
  • insurance

Judgment

                                                                             Neutral Citation No. - 2024:AHC-LKO:55946




                                         Court No. - 6

                                         Case :- FIRST APPEAL FROM ORDER No. - 946 of 2017

                                         Appellant :- Shiv Kumari And Ors.
                                         Respondent :- The Oriental Insurance Company Ltd.Thro Branch
                                         Manager And Ors
                                         Counsel for Appellant :- Hari Om Singh,Avinash Kumar
                                         Srivastava,Illigible
                                         Counsel for Respondent :- Subhash Chandra Gulati

                                         Hon'ble Rajnish Kumar,J.

                                         The matter is listed under Chapter XII Rule 4 of the Allahabad
                                         High Court Rules, 1952. Neither anybody appeared nor steps
                                         have been taken.

                                         Accordingly the appeal is dismissed.

                                         .

                                                               (Rajnish Kumar,J.)
                                         Order Date :- 13.8.2024
                                         Banswar




Digitally signed by :-
RAM NARESH BANSWAR
High Court of Judicature at Allahabad,
Lucknow Bench


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