Allahabad High Court
SAGIRANversusD.D.C.
- Decided
- Bench
- PRAKASH PADIA
Holding
The writ petition is dismissed in default due to non-appearance of both parties.
Summary
The petitioner, Sagiran, filed Writ Petition No. 14741 of 1983 before the Allahabad High Court seeking relief against the respondent, D.D.C. The matter was listed for a priority hearing under the "Oldest pending cases" category. On the scheduled date, neither the petitioner nor the private respondent appeared before the court. The presiding judge, Justice Prakash Padia, noted the absence of counsel for both sides and dismissed the writ petition in default. The order further directed that any aggrieved party may file a recall application within one month of the judgment. No substantive merits of the petition were considered due to the default.
Issues considered
- What is the appropriate procedural consequence when both parties fail to appear for a scheduled hearing of a writ petition?
Subjects
- default judgment
- writ petition
- non-appearance
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 14741 of 1983
Sagiran
.....Petitioner(s)
Versus
D.D.C.
.....Respondent(s)
Counsel for Petitioner(s) : M.D. Singh
Counsel for Respondent(s) : S.C., Shahid Masud
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
Checking your session…