STATE OF U P Vs. SAVITA GUPTA

JUDGEMENT

(1.) RESPONDENTS-appellants, mainly aggrieved by order dated 21.04.2009 passed by a learned Judge in Civil Misc. Writ Petition No. 50335 of 1999 directing them by interim order for payment of entire amount with interest and on its failure to summon the Principal Secretary, have preferred this special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. It is not in dispute that the writ petition is still pending and final adjudication is yet to be made. Mr. Pankaj Rai, Standing Counsel of the State of U.P. appearing on behalf of the appellants, submits that the respondent no.1 herein, who is the wife of late Narendra Mohan Gupta, the petitioner, is not entitled for the amount which she is claiming and, therefore, the learned Judge erred in giving the aforesaid direction. We are of the opinion that all these pleas, which the appellants have raised in the present appeal, can very well be raised before the learned Judge, who is in seisin with the matter. Appellants may also pray before the learned Judge for dispensing with the personal appearance of the Principal Secretary. Needless to state that in case such pleas are raised, the learned Judge, who is in seisin with the matter, shall consider the same in accordance with law. At this stage, we are not inclined to interfere with the order impugned. Appeal stands dismissed with the observation aforesaid.