Allahabad High Court
SMT. PHOOL KUNWARversusD.D.C. AND OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The writ petition is dismissed in default due to the non-appearance of both parties.
Summary
Smt. Phool Kunwar filed a writ petition (Writ B No. 500 of 1982) before the Allahabad High Court against D.D.C. and others. The petition was listed for a priority hearing under the "Oldest pending cases" category. On the scheduled date, neither the petitioner's counsel nor the private respondent's counsel appeared before the court. The presiding judge, Hon'ble Prakash Padia, dismissed the writ petition in default due to the non-appearance of the parties. The order further allowed any aggrieved party to file a recall application within one month of the judgment.
Issues considered
- What is the appropriate procedural consequence when both parties fail to appear for a scheduled hearing of a writ petition?
Subjects
- writ petition
- default dismissal
- procedural law
- civil procedure
- non-appearance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 500 of 1982
Smt. Phool Kunwar
.....Petitioner(s)
Versus
D.D.C. And Others
.....Respondent(s)
Counsel for Petitioner(s) : L.S. Srivastava, R.C. Sinha
Counsel for Respondent(s) : Bhuneshwar Prasad, K.N.Saxena
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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