Allahabad High Court
KAGAZ UDYOG SAHKARI SAMITI LTD.versusSHRI R.N. SRIVASTAVA
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The appeal was dismissed for want of prosecution.
Summary
The appellant, Kagaz Udyog Sahkari Samiti Ltd., filed a second appeal before the Allahabad High Court. The court issued a notice on 9 January 2026 directing the appellant to engage another counsel. Subsequently, a report dated 16 January 2026 indicated that the sole appellant had left without an address, and no counsel appeared for either party. In the absence of any representation, the court dismissed the appeal for want of prosecution. The judgment further stated that the order could be recalled if an application supported by an affidavit is filed. No substantive merits of the appeal were considered.
Issues considered
- Whether an appeal may be dismissed for want of prosecution when no party appears before the court
- Whether the dismissal order can be recalled upon filing of an application supported by an affidavit
Subjects
- dismissal
- want of prosecution
- civil procedure
- recall of order
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SECOND APPEAL No. - 1524 of 1982
Kagaz Udyog Sahkari Samiti Ltd.
.....Appellant(s)
Versus
Shri R.N. Srivastava
.....Respondent(s)
Counsel for Appellant(s) : Haidar Husain
Counsel for Respondent(s) :
Court No. - 38
HON'BLE SIDDHARTH NANDAN, J.
1. Vide order dated 09.01.2026, notice was issued to the appellant to
engage another counsel.
2. Office has put a report dated 16.01.2026 that the sole appellant has left
without address.
3. Since no one is appearing on behalf of the parties, in view of the
aforesaid, the Court is left with no other option but to dismiss the appeal
for want of prosecution. However, in case an application supported by an
affidavit is filed seeking recall of the aforesaid order, the same shall be
considered accordingly.
(Siddharth Nandan,J.)
April 9, 2026
S.Prakash
Digitally signed by :-
SHASHI PRAKASH
High Court of Judicature at Allahabad
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