summoning the applicant
Thyagarajan
(Querist) 13 December 2010
This query is : Resolved
In a case of mine the case was admitted on a reasoned order and after perusal of documents set for orders. The law provides the case to be reopened by the respondent on specific request like providing additional documents etc r suo motto by court for clarification. In either case the complainant is to be summoned by an official letter that the case is reopened for specific reason. In my case it was ex-party. The court suo motto reopened the case and set a date for hearing with out any summon. Was the court correct and can any proceedings after that can be treated as legal? Also the reopening was as though to treat the case afresh to decide why the case is to be admitted
Advocate. Arunagiri
(Expert) 13 December 2010
After reopening the court will order notice to the parties. The parties will know that the case is reopened, on going through the case diary. Even other wise the court will send notice to the parties.
Maintainability can be decided at any point of time.
Thyagarajan
(Querist) 14 December 2010
As per views expressed by the members, the court had to issue a notice to parties concerned that the case is reopened. If that rule is violated and a date is set for hearing that is illegal. Once a date for order is set the parties will only wait for orders and are not obliged to attend the court again on the date of order as they were not advised to do so. If any court does that illegal act the higher court can be approached on appeal or revision. Am I right?
Uma parameswaran
(Expert) 14 December 2010
Date is set for hearing is not illegal.If it is posted for orders with out giving a chance to other side is illegal.
Thyagarajan
(Querist) 14 December 2010
Dear Uma Maheswaran,
Thanks for your answer.
No judge is supposed to falt like not giving parties a hearing chance when it was set for orders and then re-opened.
But in at least half a dozen cases in as many as 3 state forums the judges were furious on lower courts action acting against the rules. Also in all cases further proceedings after such faults were quashed. In case where ex-party some judges reopen as though they are opposite parties. Will monitoring judges of the lower court powered to bring this to notice of erring judges?
