Court expected to hear other side in any Application filed before Court - Order rejecting Application to reject Plaint without hearing other side is improper.

Citation

2021 (6) CTC 821 (Mad)

IN THE HIGH COURT OF MADRAS (Madural Bench)

K. Murali Shankar, J.

C.R.P.(PO)(MD) No.721 of 2021 & CMP (MD) No 3909 of 2021 & Cavest No. 372 of 2021.

S. Saravanan; S. Renuga; S. Selvi

M. Dhanalakshmi; A. Rajapunisha

October 25, 2021

Code of Civil Procedure, 1908 (5 of 1908), Order 7, Rule 11-Practice and Procedure-Generally Court expected to hear other side in any Application filed before Court, if parties to lis are before Court- Exceptions are: (a) in Petitions abusing process of Court, Court can reject Application without hearing other side; (b) in Petitions seeking Administrative Order/Directions for enforcing Judicial Orders, Court can allow Applications without hearing other side-Held, Order rejecting Application to reject Plaint without hearing other side is improper, not illegal-For hearing other side, Court must necessarily take such Petition on file.