Allahabad High Court
VISHNU DUTT PANDEYversusRAM ASRE TIWARI AND OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The appeal was dismissed for want of prosecution as the parties failed to appear despite the notice.
Summary
The High Court, acting on its order dated 10‑02‑2026, issued a notice to the appellant to engage new counsel. The notice was sent by registered post but the service report dated 08‑04‑2026 indicated that the notice was returned as "deceased". No counsel or party appeared before the Court for either side. Consequently, the Court dismissed the appeal for want of prosecution, noting that the matter could be reopened only if an application supported by an affidavit seeking recall of the order is filed. The judgment underscores the procedural requirement that parties must actively prosecute appeals, and that failure to do so may lead to dismissal.
Issues considered
- Whether an appeal may be dismissed for want of prosecution when the parties fail to appear after a notice to engage counsel.
- Whether the order of dismissal can be recalled upon filing of an application supported by an affidavit.
Subjects
- appeal
- want of prosecution
- dismissal
- procedural law
- court notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SECOND APPEAL No. - 1771 of 1982
Vishnu Dutt Pandey
.....Appellant(s)
Versus
Ram Asre Tiwari And Others
.....Respondent(s)
Counsel for Appellant(s) : S.C. Tandon
Counsel for Respondent(s) : Vijay Bahadur
Court No. - 38
HON'BLE SIDDHARTH NANDAN, J.
1. In pursuance of the order dated 10.02.2026, notice was issued to the
appellant to engage another counsel.
2. Office has put a report dated 08.04.2026 that though notice was issued
by the registered post, the service has been reported as under "deceased".
3. Since no one is appearing on behalf of the parties, 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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