Smt. Meera Varshney vs Regional Deputy Director Of ...
2013 Latest Caselaw 3533 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- SPECIAL APPEAL No. - 909 of 2013
 

 
Appellant :- Smt. Meera Varshney
 
Respondent :- Regional Deputy Director Of Education Secondary And 3 Ors
 
Counsel for Appellant :- Sidharth Khare,Ashok Khare
 
Counsel for Respondent :- C.S.C.,V.D. Ojha
 

 
Hon'ble Sushil Harkauli,J.

Hon'ble Manoj Misra,J.

The respondent nos. 1 to 3 are represented by learned State counsel. Respondent no.4  is represented by Sri V.D.Ojha, Advocate.

It appears that the writ petition was dismissed in default. A restoration application was filed. By the impugned order dated 14.05.2013, the restoration was allowed, which means that the cause for non appearance was found sufficient. However, simultaneously,  by the same order dated 14.05.2013, the writ petition has been dismissed under Chapter 12 Rule 4 of the Rules of the Court 1952. It has been argued by the learned counsel for the appellant that on that date i.e. 14.05.2013 the case was not listed under Chapter 12 Rule 4 of the Rules of the Court, 1952.

When a case is listed under Chapter 12 Rule 4, the Court has no option but to dismiss the petition for non prosecution if steps are not taken. However as a matter of practice, generally  if the default is removed by the time the cases under Chapter 12  Rule 4 are called out in Court, comparatively the court tends to take  a liberal view unless the default appears to be motivated or deliberate  or for ulterior purpose.

Considering these aspects, we allow this appeal, set aside the impugned order dated 14.05.2013 to the extent it dismisses the petition under Chapter 12 Rule 4. Respondent no.4 has already put in appearance before learned Single Judge and has also filed counter affidavit and therefore the matter may be heard on merit by the learned Single Judge. The question of grant or continuance of stay may also be considered at the level of learned Single Judge.

(Manoj Misra,J.) (Sushil Harkauli,J.)

Order Date :- 2.7.2013

Abhishek Sri.