Case  Synopsis

Abhishek Gupta vs. Dinesh Kumar & Ors., 2025 INSC 1406

The Supreme Court ruled that a procedural bar on intra-court appeals (under Chapter VIII Rule 5 of Allahabad High Court Rules) cannot deny a hearing to a person whose rights are directly and adversely affected by a Single Judge's writ order, if he was not impleaded as a party. Principles of natural justice and access to remedy (Ubi Jus, Ibi Remedium) override such technical bars, and the Division Bench must hear such an appeal on merits.

1. Heading of the Judgment
Case Name: Abhishek Gupta vs. Dinesh Kumar & Ors.
Citation: 2025 INSC 1406
Court: Supreme Court of India
Judges: Justice Dipankar Datta and Justice Augustine George Masih
Date of Judgment: 3rd December 2025

2. Related Laws and Sections

• Constitution of India:
  Article 226: Power of High Courts to issue writs.
  Article 136: Special leave to appeal by the Supreme Court.

• Allahabad High Court Rules, 1952:
  Chapter VIII Rule 5: Governs the maintainability of intra-court Special Appeals (Letters Patent Appeals) from judgments of a Single Judge.

• Code of Civil Procedure, 1908:
  Principle of Non-Joinder: The doctrine that a suit or proceeding may be invalid if a necessary party is not impleaded.

... Upgrade to a Premium Plan to view the full judgment.