9911796707
TMI Blog2006 (9) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... his appeal is to the judgment and order dated 7.2.2003 in Civil Revision No.144/2003 and the order dated 23.4.2004 in (Review Application) Misc. Civil No. 574/2004, passed by a learned Single Judge of Madhya Pradesh High Court at Jabalpur. Though various points were urged in support of the appeal, the primary stand was that Civil Revision filed under Section 115 of the Code of Civil Procedure, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other hand submitted that though it may be a fact that notice was not issued before disposal of the Civil Revision yet the orders do not warrant any interference as a right position in law has been noted. The order of the High Court reads as follows: xxx xxx xxx The trial Court has obviously misinterpreted the provisions in Order VII Rule 11(d) C.P.C. Under this rule the plaint can be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eparable ingredient of fairness and reasonableness. It is even said that the principles of natural justice must be read into unoccupied interstices of the statute, unless there is a clear mandate to the contrary. In the celebrated case of Cooper v. Wandsworth Board of Works, 1963 (143) ER 414, the principle was thus stated: Even God did not pass a sentence upon Adam, before he was called upon to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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