Allahabad High Court
SMT. PRERNA SHRIVASTAVAversusMOHIT SHRIVASTAVA
- Decided
Holding
An appeal is dismissed if the appellant fails to appear, as the proceeding cannot be prosecuted.
Summary
Smt. Prerna Shrivastava filed an appeal against Mohit Shrivastava in the Allahabad High Court. The appellant's counsel, Yatharth Nath Pathak, failed to appear even after a revised call. The Court noted the non‑appearance and held that the appeal could not be prosecuted. Consequently, the judges dismissed the appeal for want of prosecution. No substantive merits of the dispute were addressed.
Issues considered
- Can an appeal be dismissed for want of prosecution when the appellant fails to appear before the Court?
Subjects
- appeal
- want of prosecution
- non‑appearance
- procedural law
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL DEFECTIVE No. - 129 of 2025
Smt. Prerna Shrivastava
.....Appellant(s)
Versus
Mohit Shrivastava
.....Respondent(s)
Counsel for Appellant(s) : Yatharth Nath Pathak
Counsel for Respondent(s) :
Court No. - 2
HON'BLE ATUL SREEDHARAN, J.
HON'BLE VIVEK SARAN, J.
1. None appears for the appellant, even in the revised call.
2. Accordingly, the appeal is dismissed for want of prosecution.
(Vivek Saran,J.) (Atul Sreedharan,J.)
May 5, 2026
Noman
Digitally signed by :-
NOMAN AHMAD
High Court of Judicature at Allahabad
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