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Allahabad High Court

ANURAG AGARWALversusSUNIL GUPTA

Decided

Holding

A revision petition is dismissed for want of prosecution when the petitioner does not appear or prosecute the matter.

Summary

The revision petition filed by Anurag Agarwal against Sunil Gupta was listed before the High Court but no appearance was made by the petitioner. The petitioner failed to prosecute the revision, and consequently, the court examined whether the revision could be entertained in the absence of any prosecution. The court held that a revision petition cannot proceed without the petitioner’s active participation. Accordingly, the revision was dismissed for want of prosecution. The interim order that had been passed earlier was vacated. No substantive merits of the dispute were addressed due to the procedural lapse.

Issues considered

  • What is the effect of a revision petition where the petitioner fails to appear and prosecute the case?

Subjects

  • revision
  • dismissal
  • want of prosecution
  • interim order vacated

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          S.C.C. REVISION No. - 160 of 2024

                                    Anurag Agarwal
                                                                                                  .....Revisionist(s)
                                                                           Versus

                                    Sunil Gupta
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Revisionist(s)                 :    Abhishek Tripathi
                                    Counsel for Opposite Party(s)              :    Sufia Saba, Abdul Majeed

                                    Court No. - 35
                                            HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Case called out in the revised list.

                                    None appears for the revisionist to press the revision.

                                    Revision is, accordingly, dismissed for want of prosecution.

                                    Interim order, if any, stands vacated.




                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    September 11, 2026
                                    RKK/-




Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad


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