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Allahabad High Court

RAM SAMUJH AND ANOTHERversusJAI RAM AND ORS.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

An appeal is dismissed for want of prosecution if the appellant fails to appear and makes no request for adjournment.

Summary

The appellant, Ram Samujh and another, filed a second appeal before the Allahabad High Court. No counsel appeared on behalf of the appellant to prosecute the appeal. The appellant also made no request for an adjournment or any other relief. The court noted the absence of any prosecution of the appeal. Consequently, the court dismissed the appeal for want of prosecution. The judgment was delivered on January 5, 2026, by Justice Prashant Kumar.

Issues considered

  • Whether an appeal may be dismissed for want of prosecution when the appellant fails to appear and makes no request for adjournment

Subjects

  • appeal
  • want of prosecution
  • dismissal
  • procedural law
  • civil procedure

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                LUCKNOW
                                                          SECOND APPEAL No. - 35 of 2016

                                     Ram Samujh And Another
                                                                                              .....Appellant(s)
                                                                        Versus

                                     Jai Ram And Ors.
                                                                                            .....Respondent(s)

                                     Counsel for Appellant(s)        : Manjeet    Singh, Amit          Keshari,
                                                                       Mohammad Ehtesham Khan
                                     Counsel for Respondent(s)       : Shanker Lal Verma

                                    Court No. - 20
                                                        HON'BLE PRASHANT KUMAR, J.

                                    1. Case called out in the revised call.

                                    2. No one appeared on behalf of the appellant(s) to press this appeal nor
                                    there is any request to adjourn or pass over the case.

                                    3. Accordingly, the appeal is dismissed for want of prosecution.



                                                                                        (Prashant Kumar,J.)
                                    January 5, 2026
                                    Anupam S/-




Digitally signed by :-
ANUPAM SINGH PATEL
High Court of Judicature at Allahabad,
Lucknow Bench


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