Case Note & Summary
The case involves a second appeal filed by the legal representatives of the deceased original appellant against a partnership firm, M/s. Horizon Realtors. The dispute arose from a civil suit where the Lower Appellate Court had passed a judgment without providing the parties an opportunity to present oral arguments. The matter was initially heard by a previous Presiding Judge on 19.03.2013, who posted it for clarification on 30.04.2013 and then for further clarification on 04.06.2013. However, before the next hearing, the Presiding Judge was transferred, and the new incumbent disposed of the appeal without hearing oral arguments from the parties. The appellants challenged this before the High Court, contending that the judgment was vitiated due to violation of principles of natural justice. The High Court admitted the appeal on the substantial question of law regarding the denial of opportunity to advance oral arguments. After hearing both sides, the Court found that the Lower Appellate Court had not given the parties a chance to present oral arguments, which is a fundamental requirement of natural justice. Consequently, the High Court set aside the impugned judgment and remanded the matter back to the Lower Appellate Court for fresh disposal after affording the parties an opportunity to advance oral arguments. The Court directed the Lower Appellate Court to decide the appeal expeditiously, preferably within six months from the date of receipt of the records.
Headnote
A) Civil Procedure - Natural Justice - Right to Oral Hearing - Order 41 Rule 28, Code of Civil Procedure, 1908 - The Lower Appellate Court heard the matter on 19.03.2013 and posted it for clarification on 30.04.2013 and then 04.06.2013, but due to transfer of the Presiding Judge, the new incumbent disposed of the appeal without affording the parties an opportunity to advance oral arguments - Held that the judgment stands vitiated for not giving an opportunity to the parties to advance oral arguments (Paras 2-5).
Issue of Consideration
Whether the judgment passed by the learned Lower Appellate Court stands vitiated for not giving an opportunity to the parties including the Appellants from advancing oral arguments in support of their respective contentions.
Final Decision
The appeal is allowed. The impugned judgment and decree of the Lower Appellate Court are set aside. The matter is remanded back to the Lower Appellate Court for fresh disposal after affording the parties an opportunity to advance oral arguments. The Lower Appellate Court is directed to decide the appeal expeditiously, preferably within six months from the date of receipt of the records.
Law Points
- Natural justice
- Right to be heard
- Oral arguments
- Opportunity of hearing
- Vitiation of judgment
