Case Note & Summary
The petitioners, Miss Reshma Sadanand Vete and Mr. Narayan Sadanand Vete, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, challenging an order passed by the Courts below rejecting their application to recall the final homologation of partition proceedings in Inventory Proceeding No. 57/1995/A. The petitioners claimed that they were legal heirs of the deceased and were entitled to a share in the property, but the final order was passed without notice to them and was obtained by fraud. The trial court and the appellate court had dismissed their application on the ground that the order had become final. The High Court, after hearing the petitioners' counsel, held that an order passed without notice to interested parties and obtained by fraud is a nullity and can be recalled under the inherent powers of the court under Section 151 of the Code of Civil Procedure, 1908. The Court set aside the impugned orders and directed the trial court to recall the final homologation order and decide the matter afresh after giving an opportunity of hearing to all parties. The Court emphasized that the principles of natural justice require that no order be passed against a person without giving them an opportunity to be heard.
Headnote
A) Civil Procedure - Recall of Final Order - Inherent Powers - Section 151 Code of Civil Procedure, 1908 - The Court held that an order passed without notice to interested parties and obtained by fraud is a nullity and can be recalled under inherent powers, even if the order has become final. The Court set aside the impugned orders and directed the trial court to recall the final homologation order and decide the matter afresh after hearing all parties. (Paras 1-10) B) Succession - Inventory Proceedings - Final Homologation - Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 - The Court found that the final homologation order was passed without notice to the petitioners, who were legal heirs, and that the proceedings were tainted by fraud. The Court directed the trial court to restore the inventory proceedings and decide the application for recall afresh. (Paras 2-10)
Issue of Consideration
Whether the Courts below erred in rejecting the application for recall of the final homologation order in inventory proceedings on the ground that the order had become final, despite allegations of fraud and lack of notice to the petitioners.
Final Decision
The High Court allowed the writ petition, set aside the impugned orders, and directed the trial court to recall the final homologation order and decide the application for recall afresh after hearing all parties.
Law Points
- Recall of final order
- Inherent powers of court
- Fraud on court
- Natural justice
- Notice to interested parties
- Nullity of order
- Section 151 CPC
