Allahabad High Court
SMT. BHARATI GUPTAversusSRI SHANKAR SAHAI BAJPAYEE
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The delay condonation application was rejected for want of prosecution and the revision was dismissed.
Summary
The petitioner, Smt. Bharati Gupta, filed a revision under S.C.C. Revision Defective No. 166 of 2016 seeking condonation of delay in a civil matter. An application for condoning the delay (Application No. 239934 of 2016) was listed but no counsel appeared on behalf of the petitioner to argue the request. The court noted the absence of prosecution and consequently rejected the delay condonation application. As the condonation was denied, the revision itself could not proceed. The court therefore dismissed the revision. The order was pronounced by Hon'ble Dr. Yogendra Kumar Srivastava on September 16, 2026.
Issues considered
- Whether the delay condonation application should be entertained despite the petitioner’s failure to appear before the court?
Subjects
- Revision
- Delay Condonation
- Civil Procedure
- High Court
- Procedural Default
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
S.C.C. REVISION DEFECTIVE No. - 166 of 2016
Smt. Bharati Gupta
.....Revisionist(s)
Versus
Sri Shankar Sahai Bajpayee
.....Opposite
Party(s)
Counsel for Revisionist(s) : Anil Kumar Mehrotra, Sagar Mehrotra
Counsel for Opposite Party(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Order on Civil Misc. Delay Condonation Application No. 239934 of
2016:
Case called out in the revised list.
No one appeared on behalf of the applicant-revisionist to press the
aforenoted delay condonation application.
The delay condonation application is accordingly rejected for want of
prosecution.
Order on Revision:
The delay condonation application having been rejected, the revision, in
consequence, stands dismissed.
(Dr. Yogendra Kumar Srivastava,J.)
September 16, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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