Allahabad High Court
MAHENDRA KUMAR MISHRAversusSMT. CHANDRA LEKHA AND 3 OTHERS
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The appeal was dismissed due to the non-appearance of the appellant and inability to proceed with the case.
Summary
Mahendra Kumar Mishra filed a second appeal before the Allahabad High Court against Smt. Chandra Lekha and three others. The appeal was listed under Chapter XII, Rule 4 of the Allahabad High Court Rules, 1952. No counsel appeared on behalf of the appellant, and no steps could be taken pursuant to the earlier order. The court noted the absence of parties and counsel. Consequently, the court dismissed the appeal for lack of prosecution. The judgment was delivered by Justice Piyush Agrawal on September 18, 2026.
Issues considered
- Whether an appeal may be dismissed for non-appearance of the parties and counsel.
Subjects
- procedural law
- appeal
- non-appearance
- dismissal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SECOND APPEAL DEFECTIVE No. - 85 of 2025
Mahendra Kumar Mishra
.....Appellant(s)
Versus
Smt. Chandra Lekha And 3 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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