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Allahabad High Court

DR. VIJAY KUMAR SAHUversusSMT. PREMA PATHAK AND ANOTHER

Decided

Holding

The delay condonation application was rejected for want of prosecution, and the revision was dismissed.

Summary

Dr. Vijay Kumar Sahu filed a revision seeking condonation of delay in his application No. 57546 of 2017. The revision was listed but the revisionist failed to appear before the court. The court held that without any prosecution of the application, it could not be entertained. Consequently, the delay condonation application was rejected for want of prosecution. The revision was therefore dismissed.

Issues considered

  • Whether a delay condonation application can be entertained when the applicant fails to appear for prosecution

Subjects

  • revision
  • delay condonation
  • procedural default
  • civil procedure
  • court appearance

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     S.C.C. REVISION DEFECTIVE No. - 26 of 2017

                                    Dr. Vijay Kumar Sahu
                                                                                               .....Revisionist(s)
                                                                           Versus

                                    Smt. Prema Pathak And Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Revisionist(s)    : Mahesh Kumar Sahu, Suresh Kumar
                                                                    Gupta
                                    Counsel for Opposite Party(s) : Shiv Shankar Prasad Gupta, Vijay
                                                                    Kumar Gupta

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

                                    (Re: Delay Condonation Application No.57546 of 2017)

                                    Case called out in the revised list.

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

                                    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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