The Supreme Court has held that the bar created by Rule 5 of Chapter VIII of the Allahabad High Court Rules, 1952, regarding the maintainability of special appeals, must yield to the “foundational principles of natural justice” when an order prejudicially affects a party who was not impleaded in the proceedings.

The Bench, comprising Justice Dipankar Datta and Justice Augustine George Masih , set aside an order of the Division Bench of the Allahabad High Court which had dismissed an intra-court appeal as not maintainable. The Apex Court restored the appeal to the High Court for hearing on merits.

Case Background

The Appellant, Abhishek Gupta, was allotted a fair price shop license following the revocation of the license held by Respondent No. 1, Dinesh Kumar, due to an alleged breac

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