1996 (10) TMI 525 - SC - Indian Laws

Summary

Issues:
- Ex parte judgment by the learned Single Judge of the Allahabad High Court
- Allegations of threats and interference with the learned advocate for the appellants
- Improper conduct of the learned Single Judge in disregarding administrative directions
- Setting aside the impugned order and remitting the matter to the High Court for decision on merit

Analysis:

The Supreme Court judgment pertains to an appeal arising from an ex parte judgment by the learned Single Judge of the Allahabad High Court in a civil writ petition. The appeal was filed due to the circumstances surrounding the ex parte judgment, where the learned advocate for the appellants had requested an adjournment, but the application was not granted, leading to the ex parte decision. The Supreme Court directed the Registrar of the Allahabad High Court to provide a status report regarding the events leading to the ex parte judgment.

On examining the events, it was revealed that the writ petition was listed before the learned Single Judge on a specific date, but the case was not listed on the Daily Cause List for that day. The learned counsel for the respondents expressed unawareness of the listing and requested an adjournment to prepare the case for the next day. The advocate for the appellants claimed to have been threatened by an unknown person on the same day and reported this to the learned Single Judge and the Chief Justice of the High Court.

The Supreme Court highlighted the improper conduct of the learned Single Judge in disregarding administrative directions by sitting singly instead of in a Division Bench as directed by the Chief Justice. This behavior was deemed to undermine judicial discipline and the proper functioning of the High Court. Consequently, the Supreme Court set aside the impugned ex parte order and remitted the matter back to the High Court for a decision on merit by another learned Single Judge appointed by the Chief Justice.

In conclusion, the appeal was disposed of with no order as to costs, emphasizing the importance of upholding judicial discipline and following administrative directions within the High Court for the fair and proper adjudication of cases.