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Allahabad High Court

SMT. TAPESHRAversusD.D.C. AND OTHERS

Decided

Holding

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

Summary

The petitioner, Smt. Tapeshra, filed Writ Petition No. 5314 of 1981 before the Allahabad High Court. The matter was listed for priority hearing under the "Oldest pending cases" heading. On the scheduled date, neither the petitioner nor the private respondent appeared before the Court. Consequently, the Court dismissed the writ petition in default. The order also permitted any aggrieved party to file a recall application within one month of the order. No substantive merits of the petition were considered as the dismissal was procedural.

Issues considered

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

Subjects

  • default judgment
  • writ petition
  • non-appearance
  • procedural law
  • civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - B No. - 5314 of 1981

                                    Smt. Tapeshra
                                                                                                 .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)                   :   V. Singh
                                    Counsel for Respondent(s)                   :   S.K. Singh, S.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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