Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(SC) 1395

SUPREME COURT OF INDIA
Anil R. Dave, Shiva Kirti Singh, Adarsh Kumar Goel, JJ.
Balihar Singh - Appellants
Versus
Bhagat Singh (D) Thr. Lrs. & Ors. - Respondents
Civil Appeal No. 1505 of 2016 (Arising out of SLP (Civil) No.720 of 2009) With Civil Appeal No. 1504 of 2016 (Arising out of SLP (Civil) No. 7103 of 2006)
Decided On : 16-02-2016

Advocates Appeared:
For the Appellants :Nidhesh Gupta, Sr. Adv., Tarun Gupta, Puneet, (For Ms. S. Janani), Advocates.
For the Respondents:Ms. Rekha Palli, A.V. Palli, Nikhil Palli, Deepak Goel, R.D. Upadhyay, V.K. Jhanji, Sr.Adv., Ms. Jyoti Mendiratta, Advocates.

The right to be heard is a fundamental principle of natural justice, and failure to afford this right may lead to a remittal of the matter for reconsideration.

Headnote:
Delay Condoned - Remittal to High Court - The court set aside the impugned judgment and remitted the matters to the High Court for reconsideration in accordance with law.
Fact of the Case:

The appellant-original plaintiff was not heard, leading the court to conclude that the matter requires re-consideration by the High Court.
Finding of the Court:

The court found that the appellant-original plaintiff was not heard and therefore set aside the impugned judgment, remitting the matters to the High Court for reconsideration.
Issues: The issue of the appellant-original plaintiff not being heard and the need for re-consideration by the High Court.
Ratio Decidendi: The court's decision was influenced by the appellant-original plaintiff not being heard, leading to the conclusion that the matter requires re-consideration by the High Court.
Final Decision: The civil appeals are disposed of as allowed, with no order as to costs. Pending applications, if any, stand disposed of.

JUDGMENT :

Anil R.Dave, J.

Heard the learned counsel for the appearing parties.

2. Delay condoned.

3. Leave granted.

4. Upon hearing the learned counsel for the parties, we find that the appellant-original plaintiff was not heard and therefore, we are of the view that the matter requires re-consideration by the High Court.

5. In the circumstances, we set aside the impugned judgment and remit these matters to the High Court so that the High Court, after hearing the concerned parties, can decide these matters afresh in accordance with law.

6. The parties shall appear before the High Court on 28th March, 2016 so that the date of further hearing can be fixed.

7. Interim relief, granted by this court, shall continue till 31st March, 2016.

8. The High Court shall also take appropriate decision after hearing the concerned parties, on the prayer for interim relief.

9. In view of the above, the civil appeals are disposed of as allowed. No order as to costs. Pending applications, if any, stand disposed of.

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