The Allahabad High Court at Lucknow Bench dismissed a second appeal filed in 1990 due to the appellants' counsel's failure to file necessary applications for substitution of respondents after being granted adjournment.
The appeal was dismissed as the appeal stands abated.
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.
Neutral Citation No. - 2024:AHC-LKO:35236
Court No. - 5
Case :- SECOND APPEAL No. - 404 of 1990
Appellant :- Manohar And Others Respondent :- Madaru And Others Counsel for Appellant :- Avadhesh Kumar
Hon'ble Rajnish Kumar,J.
Shri Avdhesh Kumar, learned counsel for the appellants has sent illness slip. This court while granting further ten days and no more further time on the last date i.e. 24.04.2024 had made it clear that the case shall not be adjourned on the next date on any ground. The order dated 24.04.2024 is extracted here-inbelow:_
"Shri Avadhesh Kumar, learned counsel for the appellants submits that the appellants could not be contracted, therefore the application for substitution could not be moved.
As prayed ten days and no more further time is granted.
It is made clear that the case shall not be adjourned on the next date on any ground.
List on7th of May, 2024."
The appeal is of the year 1990 and despite adequate time granted to learned counsel for the appellants the applications for substitution of respondents no.1 and 2 could not be moved.
In view of above this appeal stands abated.
Dismissed accordingly.
Interim order, if any, stands vacated.
............................................ (Rajnish Kumar,J.) Order Date :- 7.5.2024 Banswar
Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a second appeal filed in 1990 can be considered when counsel fails to move substitution applications after adequate time has been granted?
Manohar And Others
Madaru And Others
Rajnish Kumar,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
