CAT - Delhi

Application Dismissed for Default Due to Repeated Non-Appearance of Applicant.

Jayan A vs M/o Economics Affairs

CAT - DelhiJUDGMENT: March 11, 20261 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

On March 11, 2026, the Central Administrative Tribunal, Principal Bench, New Delhi, noted that there was no representation on behalf of the applicant in OA No. 3825/2016.

Source reference: p. 10

The Tribunal further observed that on two previous dates, specifically September 10, 2025, and January 6, 2026, the applicant had also not been represented.

Source reference: p. 10

Prior to those dates, on August 12, 2024, and November 30, 2024, the presence of both parties was recorded by the Court Officer due to paucity of time, which was noted as a usual practice.

Source reference: p. 10
02

Issues

1. Whether the Original Application should be dismissed due to the repeated non-appearance of the applicant or their representative.

Source reference: p. 10
03

Law Applied

The Tribunal implicitly applied the procedural rule regarding the dismissal of a case in default for non-prosecution when an applicant fails to appear or be represented over multiple scheduled hearings.

Source reference: p. 10

This rule allows for the termination of proceedings when it is presumed that the applicant has lost interest in pursuing the matter due to their absence.

Source reference: p. 10
04

Reasoning

The Tribunal found that the applicant had failed to appear or send a representative on three consecutive hearing dates: September 10, 2025, January 6, 2026, and March 11, 2026.

Source reference: p. 10

While the presence of both parties was recorded by the Court Officer on two earlier dates (August 12, 2024, and November 30, 2024), this was attributed to a general practice due to time constraints, and did not negate the subsequent and repeated absences.

Source reference: p. 10

Based on this consistent pattern of non-representation, the Tribunal presumed that the applicant no longer intended to pursue the Original Application.

Source reference: p. 10
05

Holding

The Tribunal concluded that the applicant had lost interest in pursuing the matter.

Consequently, the Original Application (OA No. 3825/2016) was dismissed in default and for non-prosecution.

Source reference: p. 10

There was no order as to costs.

Source reference: p. 10
CAT - Delhi

Original Court PDF

Jayan AvsM/o Economics Affairs

CAT - Delhi · March 11, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment