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Allahabad High Court

GORAKH SINGHversusSTATE OF U.P. AND OTHERS

Decided

Holding

The appeal is dismissed for want of prosecution, with liberty to file a restoration application within one month.

Summary

The appellant, Gorakh Singh, failed to appear before the High Court of Judicature at Allahabad even after a revised call. Consequently, the court dismissed the special appeal on the ground of want of prosecution. The judges, Atul Sreedharan and Siddharth Nandan, granted the appellant liberty to file a restoration application within one month if required. No substantive merits of the case were considered. The order was pronounced on March 19, 2026.

Issues considered

  • Whether an appeal may be dismissed for want of prosecution when the appellant does not appear

Subjects

  • civil procedure
  • appeal
  • restoration
  • want of prosecution

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                      SPECIAL APPEAL No. - 1837 of 2011

                                    Gorakh Singh
                                                                                                   .....Appellant(s)
                                                                        Versus
                                    State of U.P. and Others
                                                                                                  .....Respondent(s)

                                    Counsel for Appellant(s)         : Durga Prasad Srivastava, P.N. Saxena,
                                                                       Sandeep Maniji Bakhshi
                                    Counsel for Respondent(s)        : C.S.C., Mahendra Pratap Yadav, Vijay
                                                                       Kumar Dubey

                                    Court No. - 2
                                                      HON'BLE ATUL SREEDHARAN, J.
                                                      HON'BLE SIDDHARTH NANDAN, 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.

                                    March 19, 2026
                                    R.S. Tiwari
                                                                 (Siddharth Nandan,J.) (Atul Sreedharan,J.)




Digitally signed by :-
RAVI SHANKAR TIWARI
High Court of Judicature at Allahabad


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