Case Note & Summary
The appellants, original plaintiffs, filed a suit for specific performance of contract against the respondents, original defendants. The trial court decreed the suit in favor of the plaintiffs. Thereafter, the defendants filed a review application (Exhibit 59) before the same trial court. The trial court allowed the review application and set aside the decree, without issuing any notice to the plaintiffs or hearing them. The plaintiffs challenged this order by way of an appeal before the High Court. The High Court noted that under Order 47 Rule 4 of the Code of Civil Procedure, 1908, no application for review can be granted without previous notice to the opposite party to enable them to appear and be heard. The trial court had completely ignored this mandatory provision. The High Court held that the order allowing review without notice was illegal and contrary to law. Consequently, the High Court allowed the appeal, set aside the trial court's order, and restored the original decree passed in favor of the plaintiffs. The court also recorded the appellants' statement that they did not wish to prosecute the suit against respondent No.4 and directed them to make an appropriate application in the trial court within two weeks.
Headnote
A) Civil Procedure - Review - Notice to Opposite Party - Order 47 Rule 4, Code of Civil Procedure, 1908 - The trial court allowed a review application filed by the defendants without issuing notice to the plaintiffs, which is contrary to the mandatory requirement of Order 47 Rule 4 CPC that no review shall be granted without notice to the opposite party. The High Court held that the order allowing review without notice is illegal and set it aside, restoring the original decree. (Paras 1-3) B) Natural Justice - Audi Alteram Partem - Review Proceedings - The principle of natural justice requires that no order adverse to a party be passed without giving that party an opportunity of being heard. The trial court's failure to issue notice to the plaintiffs before allowing the review violated this principle. (Paras 2-3)
Issue of Consideration
Whether the trial court could allow a review application under Order 47 Rule 4 of the Code of Civil Procedure, 1908 without issuing notice to the opposite party (the plaintiffs) and without hearing them.
Final Decision
The appeal is allowed. The impugned judgment and order dated 4th December 1996 passed by the trial court allowing the review application is set aside. The original decree passed in favor of the plaintiffs is restored. The appellants are permitted to withdraw the suit against respondent No.4 and shall make an appropriate application in the trial court within two weeks.
Law Points
- Review without notice to opposite party is illegal
- Order 47 Rule 4 CPC
- Natural Justice
- Specific Performance
