Asked September 29, 2016

Can writ admission take place ex parte?

  • 1 Answer

For writ petition on employment matters, can a High Court WRIT admission hearing take place without serving notice to the Respondents? Is it necessary or compulsory for the Respondents to remain present or be heard for admitting a WRIT Petition? Can the Notice be served to the Respondents after the Writ is admitted? Pl guide.

Answer 1

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Ayushi Singhal

There is no requirement of filing a notice before the admission of a writ petition and it is dependent on the discretion of the court, as to whether or not a notice has to be issued before or after the hearing on admission (Ramesh Chandra Shukla v. State of UP, Writ C No. 57457 of 2012). It is the discretion of the court whether or not hearing has to be given at the admission stage.

However this answer mighy vary depending on the specific HC rules.

Agree Comment 0 Agrees about 5 years ago

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