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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