Court No. - 39
Case :- SPECIAL APPEAL No. - 130 of 2018 Appellant :- Ketaki Devi Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Ram Milan Mishra,Pankaj Kumar Mishra Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi,Naresh Pal
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
This Special Appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules to assail the judgment and order dated 11 January, 2018 of a learned Judge of this Court by which the writ petition filed by Smt. Arti Pal (respondent no.3 in this Special Appeal) has been disposed of with a direction to the Executive Engineer of the Dakshinanchal Vidyut Vitran Nigam Limited to release 50% of the amount of post retiral benefits in favour of the petitioner and 50% of the amount to be invested in fixed deposit in a nationalised bank till the minor son of the deceased attains the age of majority.
It is submitted by learned counsel for appellant that the appellant's mother was a necessary party in the writ petition and even the Court had directed on 21 September 2017 for impleading the appellant as a respondent. It is his submission that notice was sent on a wrong address as a result of which it could not be served as is clear from the office report dated 8 November 2017.
In paragraph 11 of the affidavit filed in support of the appeal it is stated that the appellant is residing at Mohalla Sarai Dayanat, P.S. Civil Line, City & District Etawah but notice was sent at H.No.10, Vishwambhar Colony, Azad Road, Bharthana, Etawah.
The Court in its order dated 21 September 2017 found that it would be appropriate to hear the appellant before proceeding to issue any direction in the matter. The judgment and order dated 11 January 2018 has been passed presuming that the appellant will not contest the case because she had not put in appearance.
We, accordingly, set aside the judgment dated 11 January 2018 and remit the matter to the learned Judge for a fresh decision. The appellant shall file appearance within two weeks from today.
The Special Appeal is allowed to the extent indicated herein above.
Order Date :- 22.2.2018/MAA/-
(Dilip Gupta,J.) (Jayant Banerji,J.)