Smt. Mamta Chauhan v. Lakhan Singh and 3 Others
Case brief
What is this about?
Petition under Article 227 seeking direction to appellate court to decide an application for recall of an order dismissing a civil appeal as not pressed. Court declined to intervene due to lack of clarity on the application's status or objections raised and left matter with appellate court.
What the court decided
Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5027 of 2019
Petitioner :- Smt. Mamta Chauhan Respondent :- Lakhan Singh And 3 Others Counsel for Petitioner :- Dwijendra Prasad
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed with the principal prayer that a direction be issued to the appellate court to decide application dated 13.05.2019 whereby the petitioner prayed for recall of the order dated 01.04.2019. By the said order, Misc. Civil Appeal No. 116 of 2018 was dismissed as not pressed.
According to the petitioner, the appeal was wrongly got dismissed as not pressed by his previous counsel.
It is not clear from the petition as to what order has been passed on the said application and if the other side has filed any objection to the application in question or not.
In such view of the matter, this Court is not inclined to issue any direction in exercise of supervisory power under Article 227 of the Constitution but leaves it open to the petitioner to make request before the appellate court itself for expeditious disposal of the said application.
The petition stands disposed of accordingly.
Issues for consideration
1 issue framed by the court
Whether the High Court should issue a direction to the appellate court to decide an application for recall of an order dismissing an appeal as not pressed.
Parties & counsel
- petitioner
Smt. Mamta Chauhan
- respondent
Lakhan Singh
Coram
Manoj Kumar Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- A227/5027/2019
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