Allahabad High Court

AMIR SINGHversusGYAN SINGH and ANOTHER

Decided: 11 February 2026

Holding

The appeal is dismissed for non‑prosecution due to the appellant's failure to appear.

Summary

The appellant, Amir Singh, filed a second appeal (No. 1208 of 1999) which was listed for hearing as a senior citizens case. A stay application in the matter had been rejected on 28‑02‑2008. When the appeal was called for hearing on 21‑01‑2020, no representative of the appellant appeared, while the respondents were represented by Mr. Rajeev Kumar Saini. The court dismissed the appeal on the ground of non‑prosecution. The order directed that the dismissal be communicated to the Civil Judge (Senior Division) of Muzaffar Nagar by speed post, with a receipt retained on record.

Issues considered

What is the appropriate procedural consequence when the appellant fails to appear for a scheduled hearing?

Subjects

civil procedure
non‑prosecution
appeal dismissal
senior citizens case

Judgment

Court No. - 38

Case :- SECOND APPEAL No. - 1208 of 1999

Appellant :- Amir Singh
Respondent :- Gyan Singh And Another
Counsel for Appellant :-
K.R.Sirohi,A.D.Prabhakar,A.K.Tripathi,S.M. Haider
Zaidi,S.M.Upadhyay,U.C. Chaturvedi
Counsel for Respondent :- P.K.Jain,Anil Kumar
Aditya,Ken Singh,Raj Kumar Singh,Rajeev Kumar Saini

Hon'ble J.J. Munir,J.
This is an appeal of the year 1999 listed for hearing under
the category of Senior Citizens Cases. This appeal was
admitted to hearing on 06.10.1999. The stay application
was rejected on 28.02.2008.

Today, when the appeal is called on for hearing, no one
appears for the appellant. Sri Rajeev Kumar Saini, appears
on behalf of all the respondents.

The appeal is dismissed for non-prosecution.

Let this order be communicated to the Court of Civil Judge
(Senior Division), Muzaffar Nagar by the office within a
week through the learned District Judge, Muzaffar Nagar.
The communication as aforesaid shall be forwarded by
Speed Post and a receipt of dispatch along with the postal
track shall be retained on record.

Order Date :- 21.1.2020
NSC

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