CAT - ['Delhi']
Administrative and Public LawCivil Procedure and Evidence

Repeated non-appearance warrants dismissal of the application for non-prosecution.

KAMALAKAR DUTT MISHRA vs RAILWAY

CAT - ['Delhi']JUDGMENT: September 30, 20261 MIN READSOURCE JUDGMENT
Repeated non-appearance warrants dismissal of the application for non-prosecution.. KAMALAKAR DUTT MISHRA vs RAILWAY. CAT - ['Delhi']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Twenty-six applicants filed the Original Application against the Union of India and railway authorities.

Source reference: p. 1–4

No one appeared for the applicants on the hearing date.

Source reference: p. 5

The Tribunal noted that they had also been unrepresented on 24 April 2026 and 24 July 2026, and inferred that they had lost interest in pursuing the matter.

Source reference: p. 5
02

Issues

1. Whether the Original Application should be dismissed for default and non-prosecution because the applicants had repeatedly failed to appear

Source reference: p. 5
03

Law Applied

The Tribunal applied the procedural principle that a proceeding may be dismissed for default and non-prosecution where the party pursuing it repeatedly fails to appear.

Source reference: p. 5

The order cites no statute, tribunal rule, or precedent as the basis for this principle.

Source reference: p. 5
04

Reasoning

The Tribunal relied on the applicants’ absence on the hearing date and on two earlier occasions.

Source reference: p. 5

From this repeated non-appearance, it concluded that the applicants had lost interest in pursuing the Original Application and dismissed it for default and non-prosecution. The Tribunal did not consider the substantive merits of the claim.

Source reference: p. 5
05

Holding

The Tribunal dismissed OA No. 2453/2023 in default and for non-prosecution.

It made no order as to costs.

Source reference: p. 5
CAT - ['Delhi']

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KAMALAKAR DUTT MISHRAvsRAILWAY

CAT - ['Delhi'] · September 30, 2026

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