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Allahabad High Court

LOTANversusTULSHI RAM

Decided

Holding

The second appeal is dismissed for non‑prosecution.

Summary

The appellant, Lotan, filed a second appeal before the Allahabad High Court. The court issued a notice directing the sole appellant to engage another counsel for representation. No counsel or party appeared to prosecute the appeal. Consequently, there was no one present to press the second appeal. The court, noting the lack of prosecution, dismissed the second appeal. The dismissal was based solely on procedural non‑appearance, without any substantive examination of the merits.

Issues considered

  • Whether a second appeal can proceed in the absence of any party or counsel appearing before the court

Subjects

  • second appeal
  • non‑prosecution
  • court procedure
  • absence of counsel
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                         SECOND APPEAL No. - 2274 of 1981

                                    Lotan
                                                                                                  .....Appellant(s)
                                                                       Versus

                                    Tulshi Ram
                                                                                                 .....Respondent(s)

                                    Counsel for Appellant(s)                                 :      B. Dixit
                                    Counsel for Respondent(s)                                :

                                    Court No. - 37
                                                     HON'BLE CHANDRA KUMAR RAI, J.

                                    1. Case is listed under heading of "Oldest Pending Cases for Priority
                                    Hearing".

                                    2. List is being revised.

                                    3. As per office report, notice was issued to sole-appellant to engage
                                    another counsel.

                                    4. No one has put in appearance on behalf of appellant.

                                    5. No one is present to press this second appeal.

                                    6. The second appeal is dismissed for non-prosecution.



                                                                                        (Chandra Kumar Rai,J.)
                                    September 21, 2026
                                    Rameez




Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad


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