ABHISHEK GUPTA versus DINESH KUMAR & ORS.

Citation: [2025] 12 S.C.R. 479 · Decided: 03-12-2025 · Supreme Court of India · Bench: DIPANKAR DATTA, AUGUSTINE GEORGE MASIH · Disposal: Disposed off

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Judgment (excerpt)

[2025] 12 S.C.R. 479 : 2025 INSC 1406
Abhishek Gupta 
v. 
Dinesh Kumar & Ors.
(Civil Appeal No(s). 14545-14546 of 2025)
03 December 2025
[Dipankar Datta and Augustine George Masih, JJ.]
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 grant of a license, a fair price shop in place 
of the respondent no.1, upon revocation of the license of 
such respondent on the ground of breach of lawful terms 
and conditions thereof – Revocation affirmed by appellate 
order – Writ Petition filed by the Respondent No.1 challenging 
the revocation of the license and the appellate order affirming 
the revocation, however, the appellant was not impleaded 
as a party – Allowed by Single Judge, revocation order set 
aside – Special Appeal filed by appellant – Dismissed by the 
Division Bench as not maintainable relying on Chapter VIII r.5 
of the High Court Rules, 1952 though granting liberty to the 
appellant to file a review – Challenge to: 
Held: Although r.5, inter alia, ordains that no Special Appeal shall 
lie from an order passed by a Single Judge of the High Court in 
writ proceedings u/Art.226 where an appellate/revisional order 
of the Government or any officer or authority under any of the 
specified enactments is under challenge, r.5 has to be read and 
480
[2025] 12 S.C.R.
Supreme Court Reports
understood in a manner that advances the cause of “access to 
justice” and not thwart it – The rigours of r.5 would not apply and 
stand relaxed in a case of the present nature where the order 
under challenge is one, passed by a Single Judge on a petition 
u/Art.226 of the Constitution, adversely affecting the rights of a 
party who was not a party-respondent before the Single Judge 
– Special Appeal ought not to have been held not maintainable 
– Also, the maxim ubi jus ibi remedium cannot be ignored – A 
party suffering an adverse order in judicial proceedings where he 
is not noticed, because he was not a party, cannot be left without 
a remedy – Although he can apply for a review, the scope of a 
review is much narrow than an appeal and would not provide a 
remedy as effective as an appeal – Impugned judgment of the 
Division Bench set aside, Special Appeal of the appellant restored. 
[Paras 15, 16]
Allahabad High Court Rules, 1952 – Ch. VIII – rule 5 – 
Interpretation – Object & purpose of, stated. [Para 15]
Maxim – ubi jus ibi remedium – Constitution of India – 
Art.226  – Non-joinder of a necessary party – Intra-court 
appeal – Allahabad High Court Rules, 1952 – r.5:
Held: The principle of non-joinder, though originating from the 
Code of Civil Procedure, 1908, applies with equal force to writ 
proceedings – An order passed in writ jurisdiction without impleading 
an affected or necessary party is liable to be invalidated on that 
ground alone – 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 – Such an approach 
while not militating against the object and purpose of r.5 would, 
at the same time, accord with the maxim ubi jus ibi remedium. 
[Paras 19, 21]
Case Law Cited
Smt. Jatan Kanwar Golcha v. Golcha Properties (P) Ltd. [1971] 
3 SCR 247 : AIR 1971 SC 374; State of Punjab v. Amar Singh 
[1974] 3 SCR 152 : AIR 1974 SC 994 – held applicable.
Sheet Gupta v. State of U.P., AIR 2010 All 46 (FB) – referred to.
[2025] 12 S.C.R. 
481
Abhishek Gupta v. Dinesh Kumar & Ors.
List of Acts
Allahabad High Court Rules, 1952; Constitution of India; Code of 
Civil Procedure, 1908.
List of Keywords
Rule 5 of Allahabad High Court Rules, 1952; Special appeal; Fair 
price shop licensee; Revocation of license; Principles of natural 
justice; Affected or necessary party not impleaded; Non-joinder 
of a necessary party; Intra-court appeal; Access to justice; Right 
to be heard; Right to a fair hearing; Ubi jus ibi reme

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