SRI RAM SEWAK MISRA Vs. VISHNU DUTT DWIVEDI

JUDGEMENT

(1.) THIS appeal is directed against the order, dated 3-1-1995 allowing writ petition No. 41312 of 1994. The grievance of the appellant herein is that the writ petition has been disposed of without notice to him who is the affected party. On the ground of violation of principles of natural justice apart from the violation of the relevant rule of the Allahabad High Court Rules which requires that a notice shall be issued to the respondent before the matter is finally disposed of, the order under appeal is liable to be set aside and is, accordingly, set aside. The respondents in the writ petition shall file their counter- affidavit, if they so desire, within three week from today. The writ petition No. 41312 of 1994 is restored to file. It shall be listed before the learned single judge after expiry of three weeks.

(2.) THE Special Appeal is accordingly allowed with no costs. Appeal allowed. .