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Allahabad High Court

SHYAM NARAIN YADAVversusTHE DISTRICT INSPECTOR OF SCHOOLS AND ANOTHER

Decided

Holding

The appeal is dismissed for want of prosecution.

Summary

Shyam Narain Yadav filed a special appeal before the Allahabad High Court against the District Inspector of Schools. The respondent's counsel submitted an illness slip, but the appellant failed to appear for the hearing, even after a revised call. The court noted the appellant's non-appearance as a procedural default. Consequently, the judges held that the appeal could not proceed without prosecution. The appeal was therefore dismissed for want of prosecution.

Issues considered

  • Whether an appeal may be dismissed for want of prosecution due to the appellant's failure to appear?

Subjects

  • civil procedure
  • appeal
  • non-appearance
  • want of prosecution

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                      SPECIAL APPEAL No. - 1520 of 2013

                                    Shyam Narain Yadav
                                                                                                    .....Appellant(s)
                                                                        Versus
                                    The District Inspector Of Schools And Another
                                                                                                   .....Respondent(s)

                                    Counsel for Appellant(s)         : Adarsh Bhushan, Anil Bhushan, Arpan
                                                                       Srivastava, Prabhakar Awasthi, Saurabh
                                                                       Tripathi
                                    Counsel for Respondent(s)        : C.S.C., P.N. Tripathi, Rajesh Kumar
                                                                       Singh, Shashi Bhushan Srivastava, Sunil
                                                                       Kumar Singh

                                    Court No. - 2
                                                       HON'BLE ATUL SREEDHARAN, J.
                                                       HON'BLE VIVEK SARAN, J.

                                    1. Sri Rajesh Kumar Singh, learned counsel for the respondent has sent
                                    illness slip.

                                    2. None appears for the appellant, even in the revised call.

                                    3. Accordingly, the appeal is dismissed for want of prosecution.

                                    May 5, 2026
                                    Noman
                                                                        (Vivek Saran,J.) (Atul Sreedharan,J.)




Digitally signed by :-
NOMAN AHMAD
High Court of Judicature at Allahabad


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