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Allahabad High Court

MANOJ KUMAR AND ANOTHERversusSMT. SHEELA DEVI

Decided

Holding

The delay condonation application was rejected for want of prosecution.

Summary

Manoj Kumar and another filed a revision seeking condonation of delay in a pending matter. The revision was listed but the revisionists failed to appear before the court. The opposite party, represented by Rahul Sahai, was present. The court held that the delay condonation application could not be entertained due to lack of prosecution. Consequently, the revision was dismissed.

Issues considered

  • Whether a delay condonation application can be entertained when the applicant fails to appear before the court

Subjects

  • delay condonation
  • revision
  • civil procedure
  • prosecution
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     S.C.C. REVISION DEFECTIVE No. - 232 of 2016

                                    Manoj Kumar And Another
                                                                                                .....Revisionist(s)
                                                                           Versus

                                    Smt. Sheela Devi
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Revisionist(s)                      :   Raj Kumar Vaishya
                                    Counsel for Opposite Party(s)                   :   , Rahul Sahai

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

                                    (Re: Delay Condonation Application No.364924 of 2016)

                                    Case called out in the revised list.

                                    None appears for the applicant-revisionists to press the application.

                                    Sri Gaurav Varshney, holding brief of Sri Rahul Sahai, learned counsel
                                    appearing for the opposite party is present.

                                    Delay condonation application is, accordingly, rejected for want of
                                    prosecution.

                                    Consequently, the revision stands dismissed.




                                                                             (Dr. Yogendra Kumar Srivastava,J.)
                                    September 15, 2026
                                    RKK/-




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

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