Allahabad High Court

FAUZ SINGHversusD.D.C.

Decided: 17 March 2026
Bench: PRAKASH PADIA

Holding

A writ petition is dismissible in default when no party appears to argue the case.

Summary

The petitioner, Fauz Singh, filed writ petition No. 14623 of 1982 before the Allahabad High Court. The matter was listed for priority hearing under "Oldest pending cases". Neither the petitioner nor the private respondent appeared before the Court on the scheduled date. The Court, noting the absence of both parties, dismissed the writ petition in default. The judgment also permitted any aggrieved party to file a recall application within one month of the order.

Issues considered

Whether a writ petition may be dismissed for default when neither party appears before the Court?

Subjects

default dismissal
writ petition
procedural default
non-appearance
civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - B No. - 14623 of 1982

                                    Fauz Singh
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    D.D.C.
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   R.P. Saxena, S.A. Sah
                                    Counsel for Respondent(s)                   :   SC

                                    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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