Allahabad High Court
BIRBALversusDDC AND OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The writ petition is dismissed in default for failure of the parties to appear.
Summary
The petitioner Birbal filed writ petition No.14175 of 1983 before the Allahabad High Court. The matter was listed for priority hearing but neither the petitioner nor the private respondent appeared before the court. Since no party was present to argue, the court dismissed the writ petition in default. The order also permitted any aggrieved party to file a recall application within one month. No substantive merits of the petition were considered. The dismissal was purely procedural.
Issues considered
- Whether the writ petition can be dismissed for default due to non‑appearance of the parties?
Subjects
- default judgment
- writ petition
- procedural default
- non‑appearance
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 14175 of 1983
Birbal
.....Petitioner(s)
Versus
Ddc And Others
.....Respondent(s)
Counsel for Petitioner(s) : A.P. Tewari
Counsel for Respondent(s) : L.Dobhal
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. The matter is listed under heading "Oldest pending cases for priority
hearing".
2. List revised. Nobody is present on behalf of petitioner as well as
private respondent.
3. The writ petition is dismissed in default.
4. In case, any of the party is aggrieved with this order, he is free to move
the recall application within one month from today.
(Prakash Padia,J.)
March 18, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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