Allahabad High Court
JUMNAIversusM. AHMAD
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The second appeal was dismissed for want of prosecution.
Summary
Jumnai filed a second appeal (No. 1517 of 1983) before the Allahabad High Court against a decree in favor of M. Ahmad. The appeal was listed but no counsel appeared on behalf of the appellant to prosecute the matter. The court observed that the appellant seemed uninterested in pursuing the appeal. Consequently, the court held that the appeal could not be proceeded with in the absence of prosecution. The second appeal was therefore dismissed.
Issues considered
- What is the appropriate course of action when an appellant fails to appear or prosecute a second appeal?
Subjects
- second appeal
- want of prosecution
- civil procedure
- court dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SECOND APPEAL No. - 1517 of 1983
Jumnai
.....Appellant(s)
Versus
M. Ahmad
.....Respondent(s)
Counsel for Appellant(s) : Mohd. Akram, Shashi Nandan
Counsel for Respondent(s) : Arvind Srivastava, Ashwani Kumar
Srivastava, Ram Dayal Tiwari, S.P.
Srivastava
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Case called out in revised list. None appears on behalf of the appellant
to press the second appeal.
2. It seems that the appellant is not interested in pursuing the matter.
3. The second appeal is dismissed for want of prosecution.
(Manish Kumar Nigam,J.)
March 18, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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