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december 2008

Supreme Court of India · 2008-12-12

Shiv Dutt Sharma (Shastri) vs State Of Up & Ors

Court
Supreme Court of India
Petitioner
Shiv Dutt Sharma (Shastri)
Respondent
State Of Up & Ors
Bench
D K Jain, R V Raveendran

Judgment text excerpt

The Supreme Court held that the non-impleading of the State Government as a party in Writ Petition No.15156 of 1983 was not fatal, given that the State was already involved in the appeal. The Court emphasized that the rigid principles regarding necessary parties in suits do not strictly apply to writ proceedings, especially after a long delay of 23 years. The Court restored the writ petition, allowing the appellant an opportunity to implead the State Government or to have it heard on merits, thus prioritizing the interests of justice over technicalities.

Shiv Dutt Sharma (Shastri) vs State Of Up & Ors · Niyam