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Allahabad High Court

robin sainiversussmt.soonali saini

Decided

Holding

An appeal is dismissed for want of prosecution when the appellant fails to appear even after a revised call.

Summary

Robin Saini filed an appeal against Smt. Soonali Saini in the Allahabad High Court. The appellant's counsel failed to appear for the hearing, and even after a revised call, no appearance was made. The court, noting the non‑appearance, dismissed the appeal on the ground of want of prosecution. No substantive merits of the case were considered. The dismissal was recorded as an order of the court.

Issues considered

  • Can an appeal be dismissed for want of prosecution when the appellant does not appear even after a revised call?

Subjects

  • procedural law
  • appeal
  • non‑appearance
  • want of prosecution
  • civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                         FIRST APPEAL No. - 997 of 2023

                                    Robin Saini
                                                                                                    .....Appellant(s)
                                                                           Versus
                                    Smt.Soonali Saini
                                                                                                   .....Respondent(s)

                                    Counsel for Appellant(s)           :     Manoj Kumar Tiwari, Pranshu Gupta
                                    Counsel for Respondent(s)          :     Ram Chandra Kushwaha

                                    Court No. - 2
                                                        HON'BLE ATUL SREEDHARAN, J.
                                                        HON'BLE VIVEK SARAN, J.

                                    1. Matter has been listed under the heading of top ten cases.

                                    2. None appears for the appellant, even in the revised call.

                                    3. Accordingly, the appeal is dismissed for want of prosecution.

                                    May 5, 2026
                                    Noman
                                                                           (Vivek Saran,J.) (Atul Sreedharan,J.)




Digitally signed by :-
NOMAN AHMAD
High Court of Judicature at Allahabad


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