Allahabad High Court
SMT. MEERA DEVI ALIAS JEEWAN LATAversusCENTRAL ADMINISTRATIVE TRIBUNAL ALLD. and OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
Holding
The petition was dismissed for non‑prosecution.
Summary
Petitioner Smt. Meera Devi filed a writ petition before the High Court. Counsel for the petitioner, M.P. Srivastava, repeatedly submitted illness slips, the fifth being on 27 July 2018, prompting the court to list the matter peremptorily. Despite the peremptory listing, the counsel again sent an illness slip on the day of hearing and no representative appeared for the petitioner. The court held that the petition was not being prosecuted. Consequently, the petition was dismissed for non‑prosecution.
Issues considered
- Whether a writ petition may be dismissed for non‑prosecution when counsel repeatedly fails to appear despite peremptory listing
Subjects
- writ petition
- non-prosecution
- dismissal
- illness slip
- court listing
- procedural default
Judgment
Court No. - 33
Case :- WRIT - A No. - 64416 of 2009
Petitioner :- Smt. Meera Devi (Alias Jeewan Lata)
Respondent :- Central Administrative Tribunal Alld. & Others
Counsel for Petitioner :- M.P. Srivastava
Counsel for Respondent :- Govind Saran,Amar Nath Ambasta,S.C.
Hon'ble Manoj Misra,J.
Hon'ble Ved Prakash Vaish,J.
The case has been called out in the revised list.
On 27.7.2018 following order was passed :-
"Sri M.P. Srivastava, learned counsel for the petitioner, has sent illness
slip. This is fifth consecutive illness slip of Sri M.P. Srivastava, learned
counsel appearing on behalf of the petitioner.
List this matter in the next cause list peremptorily."
Despite the matter being listed peremptorily today, again Sri M.P.
Srivastava, learned Counsel for the petitioner has sent illness slip today.
No one appears on behalf of the petitioner to press the petition.
The petition is accordingly, dismissed for non prosecution.
Order Date :- 3.8.2018
Savita
(V.P. Vaish, J.) (Manoj Misra, J.)
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