ABHISHEK GUPTA versus DINESH KUMAR & ORS.

ABHISHEK GUPTA versus DINESH KUMAR & ORS.

Rule 5 must be read so as to advance access to justice; where a Single Judge's order under Article 226 adversely affects the rights of a party not impleaded or heard, the bar in Rule 5 does not preclude a Special Appeal by such non-party; when non-joinder is alleged in an intra-court appeal the High Court should remand to the Single Judge or decide the matter on merits, and consequently the Division Bench's order dismissing the Special Appeal as not maintainable was set aside and the Special Appeal restored.

Parties
Appellant: Abhishek Gupta; Respondent: Dinesh Kumar & Ors.
Jurisdiction
India
Judgment Date
03 December 2025
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeals disposed of; impugned judgment and order of the Division Bench set aside; Special Appeal restored to its original file and number
Legal Topics
Article 226, Rule 5 Allahabad High Court Rules, 1952, Special Appeal, Non Joinder of Necessary Party, Access to Justice, Natural Justice, Intra Court Appeal, Review Vs Appeal
Constitutional Law Administrative Law Civil Procedure Article 226 Rule 5 Allahabad High Court Rules, 1952 Special Appeal Non Joinder of Necessary Party Access to Justice +3 more

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Parties

Abhishek Gupta

Appellant

Dinesh Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether a Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is maintainable by a person who was not impleaded in a writ petition under Article 226 but whose rights are adversely affected by the Single Judge's order
  2. 2 Whether the bar under Rule 5 should yield where a Single Judge's writ order affects the rights of a non-party who was not given notice
  3. 3 What remedy the High Court should adopt when non-joinder of a necessary or affected party is alleged in an intra-court appeal

Ratio Decidendi

Rule 5 must be read so as to advance access to justice; where a Single Judge's order under Article 226 adversely affects the rights of a party not impleaded or heard, the bar in Rule 5 does not preclude a Special Appeal by such non-party; when non-joinder is alleged in an intra-court appeal the High Court should remand to the Single Judge or decide the matter on merits, and consequently the Division Bench's order dismissing the Special Appeal as not maintainable was set aside and the Special Appeal restored.

Court Disposition

Appeals disposed of; impugned judgment and order of the Division Bench set aside; Special Appeal restored to its original file and number

Orders

  • Impugned judgment and order of the Division Bench dated 30.10.2025 set aside
  • Special Appeal of the appellant restored to its original file and number and to be heard by the Division Bench expeditiously