Facts
Twenty-six applicants filed the Original Application against the Union of India and railway authorities.
Source reference: p. 1–4No one appeared for the applicants on the hearing date.
Source reference: p. 5The 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. 5Issues
1. Whether the Original Application should be dismissed for default and non-prosecution because the applicants had repeatedly failed to appear
Source reference: p. 5Law 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. 5The order cites no statute, tribunal rule, or precedent as the basis for this principle.
Source reference: p. 5Reasoning
The Tribunal relied on the applicants’ absence on the hearing date and on two earlier occasions.
Source reference: p. 5From 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. 5Holding
The Tribunal dismissed OA No. 2453/2023 in default and for non-prosecution.
It made no order as to costs.
Source reference: p. 5Original Court PDF
KAMALAKAR DUTT MISHRAvsRAILWAY
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