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Allahabad High Court

PARIKHAversusD.D.C. AND OTHERS

Decided

Holding

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

Summary

The petitioner, Parikha, filed writ petition No. 3175 of 1982 before the Allahabad High Court. The matter was listed for priority hearing under the heading "Oldest pending cases for priority hearing". Neither the petitioner nor the private respondent appeared before the Court on the scheduled date. Consequently, the Court dismissed the writ petition in default for non-appearance. The judgment further directed that any aggrieved party may file a recall application within one month of the order.

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
  • non-appearance
  • civil procedure
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - B No. - 3175 of 1982

                                    Parikha
                                                                                                .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)                        :     Shyam Narian
                                    Counsel for Respondent(s)                        :     R.N. Singh

                                    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 19, 2026
                                    Swati




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

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