Earlier, the Supreme Court had also deprecated this practice of impleading courts as parties. (Image generated using AI)The Allahabad High Court has urged lawyers to stop the practice of impleading courts and tribunals as parties in petitions while challenging orders, observing that the Supreme Court had deprecated the practice decades ago.Justice Subhash Vidyarthi made the observation while hearing a criminal revision plea under Section 19(4) of the Family Courts Act challenging a family court order directing that proceedings continue ex parte against the revisionist.“It is high time that this practice should be stopped. Therefore, I request the learned advocates to desist from impleading unnecessary and improper parties, more particularly the Courts and Tribunals whose orders are challenged before the High Court and who cannot defend their orders,” the court said in its order dated July 20. Justice Subhash VidyarthiAt the outset, the State raised a preliminary objection that the applicant had wrongly impleaded the Additional Principal Judge, Family Court, Lucknow, as the first opposite party.The High Court referred to the Supreme Court’s rulings that deprecated the practice of Courts being impleaded as opposite parties. The Supreme Court had held that the civil courts, which decide matters, are courts in the strictest sense of the term. It added that neither the court nor the presiding officer defends the order before the superior court that it does not contest.The court observed that despite the Supreme Court’s clear pronouncements, several advocates practising before the Lucknow Bench continued to implead courts as opposite parties.“In spite of the aforesaid clarification by the Hon’ble Supreme Court, several of the learned counsel practicing in the High Court at Lucknow are not following the mandate of the Hon’ble Supreme Court and they are continuing with the practice of impleading the Courts as opposite parties, which practice has been strongly deprecated by the Hon’ble Supreme Court as early as in the year 1995,” the order read.Story continues below this adCalling the practice “highly improper”, the judge said it was “high time that this practice should be stopped” and requested advocates to desist from impleading unnecessary and improper parties, particularly courts and tribunals whose orders are under challenge and which cannot defend those orders.On merits, the court found that he had been given opportunities to file objections before the ex parte order was passed but failed to avail them. It further noted that he had knowledge of the proceedings since a long time.The court also found that the revisionist concealed the date of knowledge of proceedings before the Family Court as well as in the revision plea filed in the high court.“An order to proceed ex-parte can only be recalled if the party gives a reasonable explanation for his absence before the Court when the matter was ordered to proceed ex-parte. It must not be a case of negligence or want of bona fide attributable to such party and if such is the case then an application for recall of an ex-parte order can not to be allowed,” the court observed.Story continues below this adHolding that the Family Court had committed no illegality in proceeding ex parte or rejecting the recall application, the court dismissed the revision plea.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:allahabad high court