Supreme Court: Person Not Made Party in Case Can Challenge Order That Harms Him
This Supreme Court held that the bar against intra-court appeals under the Allahabad High Court Rules must yield to natural justice. Where a Single Judge's order prejudices a non-party, that person can appeal with leave. The Court reaffirmed that procedural rules cannot thwart the right to a remedy (ubi jus, ibi remedium) for affected persons.
Facts Of The Case:
A fair price shop license granted to Respondent No. 1 was revoked by the licensing authority for breaching its terms and conditions. Pursuant to this revocation, the license was allotted to the Appellant, Abhishek Gupta. Respondent No. 1 challenged the revocation order and its appellate affirmation before the Allahabad High Court by filing a writ petition. Critically, the Appellant, who was the current allottee of the shop ...