Allahabad High Court
LOKENDRA @ KANHAIYAversusARJUN SINGH and OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- PIYUSH AGRAWAL
Holding
An appeal cannot be entertained where the appellant fails to prosecute the proceedings, leading to dismissal and vacating of any interim order.
Summary
Lokendra (appellant) filed a first appeal against Order Defective No. 602 of 2009. The matter was listed on a revised list but no counsel appeared on behalf of the appellant. Counsel for the respondents was present before the court. The bench observed that the appeal could not be proceeded with due to want of prosecution by the appellant. Accordingly, the appeal was dismissed and any interim order that may have been in force was vacated. The order was dated 9 September 2022.
Issues considered
- Whether the appeal can be entertained in the absence of the appellant's counsel and prosecution of the case
- Whether the interim order, if any, should remain in force
Subjects
- appeal dismissed
- want of prosecution
- interim order vacated
- civil procedure
Judgment
Court No. - 38
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 602 of 2009
Appellant :- Lokendra @ Kanhaiya
Respondent :- Arjun Singh And Others
Counsel for Appellant :- Satya Srivastava
Hon'ble Saral Srivastava,J.
None for the appellant even when the case is called in revised
list. Learned counsel for the respondents is present.
The appeal is dismissed for want of prosecution.
Interim order, if any, stands vacated.
Order Date :- 9.9.2022
SS
Digitally signed by SUNIL KUMAR
SHARMA
Date: 2022.09.12 14:00:23 IST
Reason:
Location: High Court of Judicature at
Allahabad
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