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Allahabad High Court

C/M SARDAR PATEL SMARAK INTER COLLEGE and ANR.versusSTATE OF U.P.THROU PRIN.SECY.SECONDARY EDU.LKO.AND ORS.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

An appeal is dismissed for want of prosecution if the appellant fails to appear or present counsel to press the appeal.

Summary

The appellant, C/M Sardar Patel Smarak Inter College and others, filed a special appeal (No. 103 of 2016) before the Allahabad High Court against the State of Uttar Pradesh and others. The appeal was scheduled to be heard before a bench comprising Hon'ble Justice Rajan Roy and Hon'ble Justice Manjive Shukla. No counsel appeared on behalf of the appellant to press the appeal. The court observed that the appellant had failed to prosecute the appeal. Consequently, the bench dismissed the appeal for want of prosecution, as per procedural requirements. The dismissal was recorded on September 8, 2025.

Issues considered

  • Whether an appeal can be dismissed for want of prosecution when no counsel appears for the appellant

Subjects

  • appeal
  • procedural law
  • want of prosecution
  • high court
  • civil procedure

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             LUCKNOW
                                                        SPECIAL APPEAL No. - 103 of 2016

                                     C/M Sardar Patel Smarak Inter College And Anr.
                                                                                             .....Appellant(s)
                                                                     Versus

                                     State Of U.P.Throu Prin.Secy.Secondary
                                     Edu.Lko.And Ors.                                      .....Respondent(s)

                                     Counsel for Appellant(s)           :     Dinesh Kumar Singh D.K.S
                                     Counsel for Respondent(s)          :     C.S.C., K.M.Shukla

                                    Court No. - 1
                                                       HON'BLE RAJAN ROY, J.
                                                       HON'BLE MANJIVE SHUKLA, J.

                                    Case called out.

                                    None is present on behalf of the appellant to press this appeal of 2016.
                                    This appeal is accordingly dismissed for want of prosecution.



                                                                       (Manjive Shukla,J.) (Rajan Roy,J.)
                                    September 8, 2025
                                    A.Nigam




Digitally signed by :-
ANUJ NIGAM
High Court of Judicature at Allahabad,
Lucknow Bench


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