Supreme Court of India
Abhishek Gupta v. Dinesh Kumar & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that where an allegation of non- joinder of a necessary party is raised in an intra-court appeal, the High Court, if satisfied that such allegation has merit, should either remand the matter to the Single Judge or decide it on the merits.
Judgment, page 8
From the headnote
Issue for Consideration Whether in the facts and circumstances of the case, the Division Bench of the High Court erred in dismissing the Special Appeal filed by the appellant herein assailing the order of the Single Judge in a petition u/Art.226 of the Constitution which adversely affected his rights but he was not impleaded as a party therein, as not maintainable relying on Chapter VIII r.5 of the Allahabad High Court Rules, 1952. Headnotes† Allahabad High Court Rules, 1952 – Ch. VIII – r.5 – Constitution of India – Art. 226 – Non-joinder of a necessary party – Appellant was allotted, by
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