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Allahabad High Court

C/M SARDAR PATEL SMARAK INTER COLLEGE and ANR.versusSTATE OF U.P. THRU. PRIN.SECY. SECONDARY EDUCATION and 3 ORS.

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The appeal was dismissed for want of prosecution.

Summary

The appellant, C/M Sardar Patel Smarak Inter College and another, filed a special appeal before the Allahabad High Court against the State of Uttar Pradesh and others. The appeal was listed before a bench comprising Hon'ble Justice Rajan Roy and Hon'ble Justice Manjive Shukla. No counsel appeared on behalf of the appellant to press the appeal. The Court observed that the appeal could not proceed in the absence of any representation. Consequently, the appeal was dismissed for want of prosecution.

Issues considered

  • Whether an appeal may be dismissed for want of prosecution when no counsel appears for the appellant?

Subjects

  • appeal dismissed
  • procedural law
  • want of prosecution
  • high court
  • special appeal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             LUCKNOW
                                                        SPECIAL APPEAL No. - 323 of 2016

                                     C/M Sardar Patel Smarak Inter College And Anr.
                                                                                             .....Appellant(s)
                                                                     Versus

                                     State Of U.P. Thru. Prin.Secy. Secondary
                                     Education And 3 Ors.                                  .....Respondent(s)

                                     Counsel for Appellant(s)           :     Dinesh Kumar Singh D.K.S
                                     Counsel for Respondent(s)          :     C.S.C., K.M. Shukla

                                    Court No. - 1
                                                       HON'BLE RAJAN ROY, J.
                                                       HON'BLE MANJIVE SHUKLA, J.

                                    Case called out.

                                    None is present on behalf of the appellant to press this appeal of 2016.
                                    This appeal is accordingly dismissed for want of prosecution.



                                                                        (Manjive Shukla,J.) (Rajan Roy,J.)
                                    September 8, 2025
                                    A.Nigam




Digitally signed by :-
ANUJ NIGAM
High Court of Judicature at Allahabad,
Lucknow Bench


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