when the parties were not present, when the counsel reported no instructions, the court ought to have issued notice to the parties

Malkiat Singh and Anr. v. Joginder Singh and Ors. 

A.I.R. 1998 S.C. 258, 

was relied on by the learned Counsel for the appellant for the purpose that when the parties were not present, when the counsel reported no instructions, the court ought to have issued notice to the parties