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Allahabad High Court

MAHENDRA KUMAR MISHRAversusSMT CHANDRA LEKHA AND 6 OTHERS

Decided

Holding

The appeal is dismissed due to non-appearance of the parties.

Summary

Mahendra Kumar Mishra filed a second appeal (Defective No. 84 of 2025) before the Allahabad High Court against Smt Chandra Lekha and six others. The appeal was listed under Chapter XII, Rule 4 of the Allahabad High Court Rules, 1952. Counsel for the appellant, Arvind Srivastava, appeared, but no counsel or party appeared for the respondents. The court noted that no steps could be taken in pursuance of the earlier order due to the lack of appearance. Consequently, the court dismissed the appeal for procedural default.

Issues considered

  • Whether the appeal can proceed in the absence of any appearance by the parties or their counsel.

Subjects

  • appeal
  • procedural default
  • non-appearance
  • dismissal
  • Allahabad High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      SECOND APPEAL DEFECTIVE No. - 84 of 2025

                                    Mahendra Kumar Mishra
                                                                                                  .....Appellant(s)
                                                                        Versus

                                    Smt Chandra Lekha And 6 Others
                                                                                                .....Respondent(s)

                                    Counsel for Appellant(s)                       :   Arvind Srivastava
                                    Counsel for Respondent(s)                      :

                                    Court No. - 7
                                                         HON'BLE PIYUSH AGRAWAL, J.

                                    The appeal is listed under Chapter XII, Rule 4 of Allahabad High Court
                                    Rules, 1952.

                                    In view of office report,

                                    Case is called. Neither anybody appears on behalf of the appellant nor the
                                    steps could be taken in pursuance of the earlier order.

                                    In view of above, the appeal is dismissed .



                                                                                              (Piyush Agrawal,J.)
                                    September 18, 2026
                                    Rahul Dwivedi/-




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

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