Judgment

SARKARIA, J.:- This appeal is directed against an order dated 20th March, 1973 of the High Court of Andhra Pradesh whereby it accepted a reference made by the Addl. Sessions Judge, West Godavari at Elura under S. 435 read with S. 438 of the Code of Criminal Procedure with the recommendation that the order of Addl. First Class Magistrate, Elura in Crl. M. P. No. 163 of 1971 refusing to give direction to the respondent to hand over all the records, accounts, properties, cash etc. of Sahakara Parapathi Sangham, Pragadavaram, to the petitioner, be set aside and revised. It appears from the impugned order that no notice of the date of hearing was issued to the respondent or his counsel. A note appears to have been added to the impugned order later which reads as follows:

"It is true that the case has been disposed of without hearing the counsel for the respondent as he could not appear at the time of the hearing because his name was not printed in the cause list. But this is a revision case where the respondent is not entitled to be heard as of right, Having regard to the facts of the case, I do not think any review of the order already passed is necessary.

2. This view taken by the High Court is manifestly contrary to the audi alteram partem rule of natural justice which was applicable to the proceedings before the High Court. On this short ground we think that the order of the High Court does not deserve to be maintained. Accordingly, we set aside that order and send the case back to the High Court with the direction that it should dispose of Crl. R. No. 411 of 1972 within two months from the receipt of a copy of this order, after hearing both the parties.

3. The appeal is disposed of in terms of the above order.

Order accordingly,

For Citation : AIR 1981 SC 1156

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