Allahabad High Court
OM PRAKASH TIWARIversusNATIONAL INSURANCE COMPANY LTD. LUCKNOW AND 6 OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- PRASHANT KUMAR
Holding
An appeal is dismissed for want of prosecution if the appellant does not appear before the court on the scheduled date.
Summary
The appellant, Om Prakash Tiwari, filed a first appeal against an order of the National Insurance Company Ltd. and others. The appeal was listed but the appellant failed to appear before the court on the revised date. The court noted that no representative of the appellant was present in the revised list. Consequently, the court dismissed the appeal on the ground of want of prosecution. The interim order that had been in force was consequently vacated.
Issues considered
- Whether an appeal can be dismissed for want of prosecution when the appellant fails to appear before the court.
Subjects
- procedural law
- appeal
- want of prosecution
- vacated interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
FIRST APPEAL FROM ORDER DEFECTIVE No. - 101 of 2022
Om Prakash Tiwari
.....Appellant(s)
Versus
National Insurance Company Ltd. Lucknow And 6
Others .....Respondent(s)
Counsel for Appellant(s) : Rajendra Prasad, Pradeep Kumar
Tripathi
Counsel for Respondent(s) : Shashank Srivastava
Court No. - 19
HON'BLE PRASHANT KUMAR, J.
1. Case is called out in the revised call.
2. None is present for the appellant even in the revised list.
3. Accordingly, the appeal is dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
(Prashant Kumar,J.)
December 10, 2025
Saurabh Yadav/-
Digitally signed by :-
SAURABH YADAV
High Court of Judicature at Allahabad,
Lucknow Bench
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