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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Rabia Bibi @ Rabia Khatoon W/o Md. Qutibuddin Ansari – Appellant
Versus
Julekha Bibi Wd/o Late Qutubuddin Ansari – Respondent
ORDER :
1. Heard Mr. Shashank Shekhar, learned counsel for the petitioners.
2. This case has been referred to the Division Bench vide Order dated, 03.08.2023 and the same reads as follows:
“Learned counsel for the petitioner submits that since the opposite parties have not appeared in the probate proceeding nor in the restoration application, it is not necessary to issue notice to the opposite parties. In support of his contention, he refers the order passed by a Co-ordinate Bench of this Court reported in 2011 (1) JLJR 304 [Anwari Begum and Ors. Vs. The State of Bihar (Now Jharkhand) and Ors.]
On dismissal of an application, a valuable right accrues to the opposite party. If that order is recalled or set aside, the right which has already accrued to the opposite party gets extinguished. The right, which has accrued to a party even in his absence, cannot be taken away without hearing him. Same will violate the principle of natural justice.
Allowing this application at this state, will mean taking away the right which has already accrued to the defendants, thus I feel that the same cannot be passed without noticing the opposite parties.
Thus, I differ with the order, referred to above, by
Notice must be issued to opposing parties in restoration proceedings to uphold natural justice, even if they did not appear in previous hearings.
Notice is required in restoration proceedings when the defendant has previously appeared in the suit, ensuring fair opportunity to all parties.
Notice to proposed legal heirs is mandatory before their substitution in a suit, safeguarding rights under the principle of natural justice.
The court invoked the inherent powers under Section 151 CPC to allow the restoration application and held that the application for restoration was maintainable under Order IX Rule 4 CPC.
Litigants are not penalized for their Advocate's negligence; restoration of a suit can be granted based on demonstrated sufficient cause for non-appearance.
Procedural laws should facilitate justice, and dismissal for non-prosecution is improper if the suit has not been admitted and notices have not been issued.
Judicial discretion under Order IX Rule 4 C.P.C. is crucial, and a liberal approach should be taken to allow restoration of suits for effective adjudication, especially when circumstances affecting n....
An ex-parte decree cannot stand if there is no valid proof of service of notice to the parties involved, emphasizing fairness and due process in civil proceedings.
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