Allahabad High Court
NATHAN SINGH PRINCIPAL TYAGI INTER COLLEGEversusC/M TYAGI INTER COLLEGE THRU MANAGER DINESH SINGH AND 5 ORS
- Decided
- Disposal
- Dismiss
Holding
The appeal is dismissed for want of prosecution, with liberty to file a restoration application within one month.
Summary
The appellant, Nathan Singh Principal Tyagi Inter College, filed a special appeal (No. 1397 of 2013) before the Allahabad High Court. No representative appeared for the appellant even after a revised call. Consequently, the Court dismissed the appeal on the ground of want of prosecution. The judges, however, granted the appellant liberty to file a restoration application within one month if required. No substantive merits of the case were addressed as the procedural default led to dismissal.
Issues considered
- Whether an appeal may be dismissed for want of prosecution when the appellant fails to appear?
Subjects
- procedural law
- appeal
- want of prosecution
- restoration application
- court dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 1397 of 2013
Nathan Singh Principal Tyagi Inter College
.....Appellant(s)
Versus
C/M Tyagi Inter College Thru Manager Dinesh
Singh And 5 Ors .....Respondent(s)
Counsel for Appellant(s) : H.R. Mishra, Rajendra Prasad Tiwrai
Counsel for Respondent(s) : C.S.C., Sudhanshu Srivastava
Court No. - 2
HON'BLE ATUL SREEDHARAN, J.
HON'BLE VIVEK SARAN, J.
1. None appears for the appellant even in the revised call.
2. The present appeal is dismissed for want of prosecution with liberty
granted to the appellant to file restoration application within one month, if
need be.
(Vivek Saran,J.) (Atul Sreedharan,J.)
April 20, 2026
Gaurav Kuls
Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad
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