9911796707
|
Home
Issues: Challenge to judgment and order of High Court based on violation of principles of natural justice and failure to issue notice before adverse adjudication in Civil Revision.
Analysis: The primary issue in this case pertains to the violation of principles of natural justice and the failure to issue notice before an adverse adjudication in the Civil Revision. The appellant contended that the Civil Revision filed under Section 115 of the Code of Civil Procedure was allowed without issuing any notice, leading to a clear violation of the principles of natural justice. The review application highlighted the absence of notice before the disposal of the Civil Revision, emphasizing that the High Court did not consider this crucial aspect. The High Court's order was criticized for misinterpreting the provisions of Order VII Rule 11(d) of the CPC and for not issuing any notice before the adverse adjudication in the Civil Revision. The judgment emphasized the importance of natural justice in ensuring fairness and reasonableness in legal proceedings. It cited precedents such as Cooper v. Wandsworth Board of Works and Mullooh v. Aberdeen to underscore the fundamental right of a person to be heard in their defense. The principles of natural justice were described as an essential element of fair adjudication deeply rooted in tradition and conscience. The purpose of adhering to these principles is to prevent any miscarriage of justice. Consequently, the Supreme Court set aside the orders of the learned Single Judge in the Civil Revision and the Review Application, remitting the matter back to the High Court for fresh consideration on merits after providing due notice to the appellant. The appeal was allowed on the grounds of the violation of natural justice, with no costs imposed.
|
