Allahabad High Court
LAL SAHAIversusDHIRI SINGH
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The second appeal is dismissed for want of prosecution.
Summary
The appellant, Lal Sahai, filed a second appeal before the Allahabad High Court against the order of the lower court. The court issued notices on 13 February 2026 directing the appellant to engage counsel, but no Vakalatnama or any representation was filed. The court presumed the notices were duly served as they were sent by registered post. Since the appellant failed to comply and no steps were taken to prosecute the appeal, the court held the appeal to be abandoned. Consequently, the second appeal was dismissed for want of prosecution.
Issues considered
- Whether the appellant’s failure to engage counsel and file a Vakalatnama amounts to abandonment of the appeal
- Whether dismissal for want of prosecution is appropriate in the absence of any representation
Subjects
- second appeal
- want of prosecution
- counsel representation
- Vakalatnama
- procedural default
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SECOND APPEAL No. - 2863 of 1982
Lal Sahai
.....Appellant(s)
Versus
Dhiri Singh
.....Respondent(s)
Counsel for Appellant(s) : O.P. Singh, Om Prakash Singh
Counsel for Respondent(s) : S.C. Verma
Court No. - 34
(Sl. No. 18)
HON'BLE ANISH KUMAR GUPTA, J.
1. In terms of the order dated 13.2.2026, notices were issued to the
sole appellant to engage another counsel. As per the office report,
neither undelivered cover nor any Vakalatnama has been filed by any
counsel on behalf of the appellant.
2. In such view of the matter, since the notices were issued through
registered post, it is presumed that notices were duly served upon the
appellant. Otherwise also, the instant appeal is pending since long.No
further steps have been taken by the appellant to pursue the instant
second appeal.
3. In such view of the matter, the instant second appeal is dismissed for
the want of prosecution.
(Anish Kumar Gupta,J.)
May 5, 2026
n.u.
Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad
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