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Allahabad High Court

RAJENDRA KUMAR JAISWALversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application is dismissed for want of prosecution.

Summary

The applicant, Rajendra Kumar Jaiswal, filed an application under Section 529 of the Code of Civil Procedure before the Allahabad High Court. No counsel appeared on behalf of the applicant at the initial hearing or at the revised call, and the applicant himself was absent on the subsequent date. The State, represented by learned A.G.A. Kamleshwar Singh, was present. The Court observed that the applicant failed to prosecute the application. Consequently, the Court dismissed the application for want of prosecution. The order was pronounced on 18 September 2026 by Justice Sanjay Kumar Pachori.

Issues considered

  • Whether an application under Section 529 CPC can be dismissed for want of prosecution when the applicant fails to appear or present counsel.

Legislation cited

Subjects

  • Civil Procedure
  • Section 529
  • Dismissal
  • Want of prosecution
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 611 of 2025

                                    Rajendra Kumar Jaiswal
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                              :     Ashraf Ali
                                    Counsel for Opposite Party(s)                         :     G.A.

                                    Court No. - 77
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    None appears for the applicant even in the revised call, however, Shri
                                    Kamleshwar Singh, learned A.G.A. for the State are present.

                                    On 2.6.2026, none was present on behalf of the applicant.

                                    In view of above, present application is dismissed for want of prosecution.

                                    September 18, 2026
                                    T. Sinha
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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