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Shivaji vs. Parwatibai & Ors.

Not available · 2024 INSC 917Decided 26 Nov 2024
Not available
Justice B.R. Gavai · Justice K.V. Viswanathan

Background

The appellant, who was Respondent No. 2 in a second appeal before the Bombay High Court (Aurangabad Bench), was not given notice before the appeal was decided. The appeal arose from a suit originally filed in 2009. The appellant contended that even the substantial questions of law framed by the trial judge were dictated without giving him an opportunity to be heard.

Decision Breakdown

The Supreme Court allowed the appeal on the short but fundamental ground that the second appeal had been decided without giving notice to the appellant, denying him a chance to be heard: a basic requirement of natural justice. The Court referred to its recent decision in Suresh Lataruji Ramteke, which had deprecated this same practice by High Courts. It set aside the High Court's order and remitted the matter back for fresh decision, directing that, since the underlying suit dates back to 2009, the High Court should decide the appeal expeditiously, preferably within one year.

Lesson Learnt

No court can decide a case against a party without first giving that party notice and a genuine opportunity to be heard: this is a basic and non-negotiable safeguard, regardless of how the case is ultimately likely to be decided on merits.

Official source (sci.gov.in)View Judgment (PDF)

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