Nalin Kant Upadhyay Vs. Dr. Manju Shil & Ors.

Appeal: Civil Appeal No. of 1988.
(In SLP No.14938/87)

Petitioner: Nalin Kant Upadhyay

Respondent: Dr. Manju Shil & Ors.

Apeal: Civil Appeal No. of 1988.
(In SLP No.14938/87)

Judges: A.P.SEN & E.S.VENKATARAMIAH,JJ.

Date of Judgment: Jan 13, 1988

PRACTICE AND PROCEDURE

Notice of writ petition not served – Review application by the appellant – Dismissal of review application by the High Court – The High Court should have addressed itself to the specific ground taken by the appellant – Matter remanded to High Court for decision afresh.

O R D E R
1. Special Leave Granted. Argument heard.
2. After hearing learned counsel for the parties, we are inclined to the view that the High Court should have addressed itself to the specific ground taken by the appellant in the review application, namely, that he was not served with a notice of the writ petition before rejecting the same. We accordingly set aside the order of the High Court dated August 28, 1987 dismissing the application for review and direct the High Court to consider the application for review afresh after notice to the parties.
3. The direction made by the High Court while allowing the writ petition shall remain in abeyance for a week, to enable the appellant to move the High court for stay.
4. The appeal is disposed of accordingly. There shall be no order as to costs.