1996 (10) TMI 525

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....ent ex parte. 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. This application was not granted. The learned advocate thereafter did not appear in the case and the impugned judgment has been passed ex parte. 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 could appreciate and deal with the averments, The Registrar of the Allahabad High Court has filed an affida....

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....r the appellants that as he came out of the court on 21.12.1995 he was threatened by an unknown person and told not to appear in the case. He claims to have mentioned this to the learned Single Judge on the same day. He also claims to have mentioned this incident before the Hon'ble the Chief Justice of the Allahabad High Court. However, there is no material on record on the action taken, if any. On 22.1.1995 the Chief Justice of the Allahabad High Court in the morning reconstituted the Division Bench presided over by Mr.Justice V.N.Khare (as he then was) with Mr.Justice A.P. Singh. In the Daily Cause List the constitution of this Division Bench was shown as originally constituted i.e. Hon'ble Mr.Justice V.N.Khare and Hon'ble Mr.Justice S....

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....mbent upon the learned Judge to sit in a Division Bench with Justice V.N.Khare and dispose of the work assigned to his Division Bench. It was most improper on his part to disregard the administrative directions given by the Chief Justice of the High Court and to sit singly to take up matters that he thought he should take up. Even if he was originally shown as sitting singly on 22.12.1995, when the Bench was reconstituted and he was so informed, he was required to sit in a Division Bench on that day and was bound to carry out this direction. If there was any difficulty, it was his duty to go to she Chief Justice and explain the situation so that the Chief Justice could then give appropriate directions in that connection. But he could not ha....