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Allahabad High Court

SUDHIR KUMAR SONI AND 29 OTHERSversusSTATE OF U.P. AND 3 ORS.

Decided

Holding

The appeal was dismissed as infructuous because the cause of action had become stale.

Summary

The appellants filed Special Appeal No. 497 of 2014 before the Allahabad High Court. No counsel appeared on behalf of the appellants and no adjournment was sought. 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 as infructuous and any interim order was vacated. The court, however, granted the appellants liberty to move an application for recalling the order within six weeks if they believe the matter still subsists.

Issues considered

  • Whether an appeal can be dismissed as infructuous on the ground of staleness of the cause of action.

Subjects

  • procedural law
  • limitation
  • appeal
  • infructuous
  • vacated order

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       SPECIAL APPEAL No. - 497 of 2014

                                    Sudhir Kumar Soni And 29 Others
                                                                                              .....Appellant(s)
                                                                      Versus

                                    State Of U.P. And 3 Ors.
                                                                                            .....Respondent(s)

                                    Counsel for Appellant(s)       : Agnihotri Kumar Tripathi, Anil Singh
                                                                     Bishen
                                    Counsel for Respondent(s)      : 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 appellants to press the appeal, 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 appellants feel that the matter still survives, liberty is
                                    granted to them 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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