Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.