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Shivanagowda Shankargouda Desai v. M. Channaveerappa Modi (D) by LRs. & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2508 of 2007)Decided 6 Jan 2016
Civil Appeal No. 2508 of 2007
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

The appellant's Second Appeal before the High Court had been decided at the admission stage itself, without the appellant even being heard, and the Supreme Court found that the High Court's judgment appeared to have recorded certain incorrect facts. The respondents, though served notice of the Supreme Court proceedings, did not appear.

Decision Breakdown

The Supreme Court held that it would be just and appropriate for the High Court to reconsider the entire Second Appeal afresh, given the procedural lapse of deciding it without hearing the appellant. It set aside the impugned judgment, restored the Second Appeal to its original number, and remanded the matter to the High Court with a direction to list it for hearing on 15 February 2016 so it could be decided promptly. The civil appeal before the Supreme Court was disposed of as allowed, with no order as to costs.

Lesson Learnt

A case decided without giving a party a fair hearing, even at a preliminary "admission" stage, can be set aside and sent back for a proper hearing; natural justice requires that a party be heard before their appeal is finally decided against them.

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

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