Abhishek Gupta v. Dinesh Kumar 2025 INSC 1406 - Writ Jurisdiction - Principle Of Non-Joinder - Intra Court Appeal

Constitution of India - Article 226 - 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.  (Para 16) Allahabad High Court Rules, 1952 - Chapter VIII Rule 5 - 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. (Para 19)

Legal Maxim- Ubi jus, ibi remedium - 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. (Para 18)