Allahabad High Court
C/M SRI RAM SHANKER SACHCHIDANAND PAL INTER COLLEGEversusSTATE OF U.P. AND 3 ORS.
- Decided
Holding
The appeal is dismissed as infructuous.
Summary
The appellant, C/M Sri Ram Shanker Sachchidanand Pal Inter College, filed a special appeal but failed to appear before the High Court. No adjournment was sought and the respondents were represented. The Court observed that the cause of action had become stale, rendering the appeal infructuous due to the passage of time. Consequently, the appeal was dismissed and any interim order was vacated. The Court allowed the appellant six weeks to move an application if it believes the matter still survives.
Issues considered
- Whether an appeal can proceed when the appellant fails to appear and the cause of action is stale
Subjects
- appeal
- staleness
- procedural default
- infructuous
- vacated interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 298 of 2014
C/M Sri Ram Shanker Sachchidanand Pal Inter
College .....Appellant(s)
Versus
State Of U.P. And 3 Ors.
.....Respondent(s)
Counsel for Appellant(s) : Jai Singh
Counsel for Respondent(s) : Anil Pandey, Ashutosh Singh, C.S.C.
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. The matter was taken up in the revised list. However, none appeared on
behalf of the appellant to press the petition, nor has any adjournment slip
been moved. Learned counsel for the respondents is present.
2. It appears that the cause of action has become stale and the appeal has
been rendered infructuous by efflux of time.
3. Accordingly, the appeal is dismissed as infructuous. Interim order, if
any, stands vacated.
4. In case the appellant feels that the matter still survives, liberty is granted
to him to move an application for recalling this order within six weeks from
today.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
March 23, 2026
Sumit S
Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad
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