Bombay High Court
State of Maharashtra
Versus
Sunder P.Lalvani
Decided On:

Headnote:Section 5-See Partnership Act, 1932, Section 24.

       Article 226 Opportunity of being heard Litigant having notice of proceeding not appearing before court for any reason whether he can not contend that be has been deprived of his right of being heard.

       Held A litigant who has notice of a proceeding and who does not appear for any reason in spite of that notice cannot contend that he has been deprived of his right of being heard, because the responsibility of the judicial forum, namely, the Court, is that he be afforded an opportunity of being heard and it is not the function of the Court virtually to chase the litigant and ensure that he remains present at the hearing.

       Section 24-Service of summons- Prosecution of one of partners of firm under section 5 of Import and Exports (Control) Act, 1947, service effected at registered office of partnership.

       Held,-Under Law relating to partnerships, service effected at registered office of a partnership is a good service Contention that party signing on duplicate copy of notice had no authority to receive it to be rejected.

       For Citation : 1992 Cri LJ 2015