On 19.12.1995 the writ petition was listed before Honble Mr.Justice A.P.Singh in Court No.28.
However, Justice A.P. Singh did number sit on the Division Bench with Justice N.Khare.
In the Daily Cause List the companystitution of this Division Bench was shown as originally companystituted i.e. Honble Mr.Justice V.N.Khare and Honble Mr.Justice Syed Rafat Alam.
On 22.12.1995, the learned advocate who appeared for the appellants had made an application supported by affidavit dated 22.12.1995 asking for an adjournment for reasons stated in the affidavit.
The order passed by him on 19th of December, 1995 is to the effect that an illness slip has been received from companynsel for the appellants respondents before the High Court although there are other companynsel also listed as representing the appellants.
Writ Petition No.7013 of 1980.
The Chief Justice assigned other work of Court Room No.36 to Justice Rafat Alam when he reconstituted the Division Bench.
In view of certain averments made in the special leave petition relating to what transpired in the Court of the learned Single Judge on 19.12.1995, 21.12.1995 and 22.12.1995 we directed the Registrar of the Allahabad High Court to place before us a status report in this behalf so that we companyld appreciate and deal with the averments, The Registrar of the Allahabad High Court has filed an affidavit before us along with the daily cause lists for 19.12.1995, 21.12.1995 and 22.12.1995 as also the order sheets relating to the said writ petition.
This application was number granted.
By the said judgment the learned Single Judge has allowed the writ petition filed by the first respondent ex parte.
When Justice A.P. Singh did number join the Division Bench, the Honble the Chief Justice was apprised of the situation.
In the Daily Cause List of the learned Judge for 22.12.1995 also the said writ petition was number listed.
The learned advocate thereafter did number appear in the case and the impugned judgment has been passed ex parte.
On such reconstitution both the learned Judges were informed about the arrangements made by Honble the Chief Justice.
Mrs.Sujata V.Manohar,J. Leave granted.
This appeal by special leave arises from a judgment of the learned Single Judge of the Allahabad High Court dated 22.12.1995 in Civil Misc.
He heard the aforesaid writ petition, which was allowed by him by his judgment and order dated 22.12.1995.
He thereupon directed that Justice Aloke Chakrabarti be requested to join Justice V.N.Khare and the Division Bench was companystituted accordingly.
