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Allahabad High Court

BHOLA AND OTHERSversusPATESHWARI AND TWO OTHERS

Decided

Holding

The second appeal is dismissed as infructuous.

Summary

The second appeal filed by Bhola and others, originally instituted in 1982, remained pending for over four decades. No counsel appeared for the appellants, and the case was not marked to indicate that the cause of action still survived, despite a notice directing that old cases up to 2022 be dealt with and dismissed as infructuous if unmarked. The High Court noted the prolonged inactivity and inferred that the appellants had lost interest or the matter had become infructuous. Consequently, the court dismissed the second appeal as infructuous, while leaving open the possibility for the appellants to file a recall or restoration application if a cause of action still exists. The judgment was delivered by Justice Manju Rani Chauhan on May 7, 2026.

Issues considered

  • Whether a second appeal pending since 1982 can be dismissed as infructuous due to non-appearance of counsel and lack of indication that the cause of action survives.

Subjects

  • procedural law
  • dismissal for non-appearance
  • infructuous appeal
  • cause of action
  • case management

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       SECOND APPEAL No. - 2573 of 1982

                                    Bhola And Others
                                                                                             .....Appellant(s)
                                                                     Versus

                                    Pateshwari And Two Others
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)             :    A.N. Tripathi, P.K.Mishra
                                    Counsel for Respondent(s)            :    U.N. Pandey

                                    Court No. - 52
                                                 HON'BLE MRS. MANJU RANI CHAUHAN, J.

                                    Case is called out. None appears for the parties.
                                    The case is listed in the category of oldest pending cases in the cause
                                    list, for priority hearing.
                                    A notice has been placed on the notice board specifically,
                                    mentioning that "old cases up to the year 2022 shall be taken up in
                                    the first round itself. In case of non-appearance, matter shall be
                                    dismissed as infructuous or otherwise, and in the cases, where the
                                    cause of action still survives, the concerned advocates are expected
                                    to mark them accordingly in the cause list. Failure to do so, may
                                    result in its dismissal as infructuous" but, neither the counsel for the
                                    appellants has appeared nor has the case been marked to indicate that
                                    the cause of action still survives.
                                    Record shows that the matter is pending since the year 1982. It
                                    appears that either the appellants have lost interest in pursuing the
                                    matter or it has become infructuous.
                                    Accordingly, the second appeal is dismissed as infructuous.
                                    Needless to say that the appellants shall be at liberty to file
                                    recall/restoration application in case any cause of action still
                                    survives.


                                                                              (Mrs. Manju Rani Chauhan,J.)
                                    May 7, 2026
                                    Rahul.




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad


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