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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