In an order dated 4.10.2023, the Allahabad High Court dismissed an application under Section 482 CPC as infructuous due to the efflux of time, while granting liberty to file a recall.
Application dismissed as infructuous; liberty to file recall application within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 28
Case :- APPLICATION U/S 482 No. - 5647 of 2013
Applicant :- Dharmendra Kumar Gupta And Ors. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Praveen Tripathi Counsel for Opposite Party :- Govt. Advocate,Naveen Kumar P Andey
Hon'ble Shree Prakash Singh,J.
Case called out. None is present for the applicants.
Learned A.G.A. for the State is present.
It seems that by efflux of time, the matter has become infructuous.
Accordingly, the instant application is dismissed as having become infructuous.
Interim order, if any, stands vacated.
However, the applicants are given liberty to file recall application within a period of eight weeks, if they feel that cause of action still survives.
Office is directed to communicate this order to the Trial Court concerned forthwith.
Consigned to records.
Order Date :- 4.10.2023 Manoj K.
Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Dharmendra Kumar Gupta
Prakash Singh
As recorded by the court registry
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