SC: No examination of the legality and correctness of a judgement if it remains unchallenged by any of the parties to the dispute

The Supreme Court on 1.09.2018 in Ashok Singh & Ors. v State of U.P. & Ors. disposed of the appeal had been filed against the legality and so far how much correct the judgment and order was in connection to the decision given by the High Court of Judicature at Allahabad along with other writ petitions that were connected .

The original writ petitions were filed by respondent Nos. 4 to 6 against respondent Nos. 1 to 3 so also by respondent Nos. 7 to 17. However, petitions were disposed of by the Court. Being aggrieved by the order, an appeal before the Division Bench was made by respondent Nos. 7 to 17 which was later on dismissed.

It was found relevant that the parties to the appeal were not the parties to the concerned petition or in the writ appeals out of which this appeal emerged. Neither had a prayer been made by the appellants to be added respondent party in the concerned petition or writ appeal as such the dispute that was the main matter concerning the write petition or writ appeal received its finality as there had been no challenge against the legality and so far as to how correct the order in appeal before the Court by either of the party as such the Court opined that it did not regard it suitable enough for examining the legality and how so far correct the order was for the first time at appellant’s instance .

Hence, the appeal was disposed of by the Apex Court by leaving it to the parties for working out their rights before a suitable forum according to the law.

https://www.sci.gov.in/supremecourt/2007/3710/3710_2007_Judgement_11-Sep-2018.pdf