Manbhawati Devi v. Mata PD. Singh, (SC) BS191927
SUPREME COURT OF INDIA

Before:-K.T. Thomas and R.P. Sethi, JJ.

Civil Appeal No. 5663 of 2000. D/d. 29.9.2000.

Manbhawati Devi - Appellant

Versus

Mata PD. Singh and Ors. - Respondents

Revision - Suit for Injunction

ORDER

Leave granted.

2. The appellant was a plaintiff who instituted a suit for injunction in which the respondent-defendant raised a preliminary objection regarding jurisdiction of the civil Court. That objection was overruled and the Trial Court held that the Civil Court has jurisdiction. That finding was challenged in revision before the District Court under section 115 of Code of Civil Procedure. The revision was dismissed by the District Court. That order of the District Judge was challenged in a writ petition filed before the High Court. A learned Single Judge allowed the writ petition and set aside the orders passed by the Trial Court as well as the District Court.

3. Learned Counsel for the appellant contended that the learned Single Judge disposed of the revision even without granting an opportunity to the appellant to file a counter in the matter. That fact situation is not disputed. In our view, the appellant should have been given an opportunity to file a counter when he requested it particularly when the orders passed by the two Courts below were in his favour. He should also have been given an opportunity to be heard effectively in the matter. Apparently that is not given to him by the High Court. We, therefore, set aside the impugned order of the High Court. The High Court will now post the writ petition for counter to be filed by the appellant. The writ petition can be disposed of after afforing a reasonable opportunity to both sides for hearing.

This appeal is disposed of accordingly.

Appeal Disposed Of.