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Allahabad High Court

SHIV KARANversusD.D.C. AND OTHERS

Decided

Holding

The writ petition is dismissed in default due to non-appearance of the parties.

Summary

The petitioner, Shiv Karan, filed Writ Petition No. 2500 of 1982 before the Allahabad High Court seeking relief against the respondents, D.D.C. and others. The petition was listed for a priority hearing under the "Oldest pending cases" category. 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 states that any aggrieved party may file a recall application within one month of the order. No substantive merits of the petition were considered due to the procedural default.

Issues considered

  • What is the appropriate consequence when both parties fail to appear for a scheduled hearing of a writ petition?

Subjects

  • default judgment
  • writ petition
  • procedural default
  • non-appearance
  • Allahabad High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - B No. - 2500 of 1982

                                    Shiv Karan
                                                                                                  .....Petitioner(s)
                                                                       Versus

                                    D.D.C. And Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   S.S. Pandey
                                    Counsel for Respondent(s)                       :   H.N. Sharma, S.C.

                                    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 petitioners 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 19, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


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