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R. SUBRAMANIAN, S. K. GOVINDARAJAN THILAKAVADI
B. Vivekanandan – Appellant
Versus
J. Janorious Fausta – Respondent
ORDER :
Prayer: Review Petition filed under Order 47 Rule 1 r/w. Clause 15 of the Letters Patent against the order dated 05.12.2019 in W.A.No.1448 of 2018.
The sole ground, on which, review is sought for is that the review applicant was not served notice in the Writ Appeal and the Writ Appeal came to be allowed without hearing him. While entertaining the review, a Division Bench had passed the following the order on 05.01.2022 :-
2. A perusal of the judgment shows representation of few respondents. But to ascertain whether notices were issued and served on all the respondents in the writ appeal, the Registry is directed to place the records of the writ appeal. The Registry is further directed to prepare a note as to whether notice was issued on respondents and they were served before the date of hearing of the appeal.
3. Let these review applications be listed on 02.02.2022 for compliance of the direction given above.”
2. T
Procedural due process requires that all parties receive proper notice before a judgment is issued.
Importance of providing notice and opportunity to all parties involved in a case before passing an order.
Review proceedings under Order XLVII Rule 1 CPC are strictly limited to correcting apparent errors and do not allow for a re-evaluation of the merits of the case.
Procedural fairness mandates issuance of notice before adverse administrative decisions.
Non-communication of final orders causing prejudice to the rights of the review petitioner is a ground for review of the court's order.
The lack of notice to the petitioner before the impugned order is a violation of the principle of natural justice, warranting annulment of the decision.
Review jurisdiction cannot be invoked to permit a re-hearing of a case on facts when the findings regarding service of notice were already established based on official records.
Failure to provide notice to parties may result in procedural errors necessitating correction to uphold fair process.
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