ANSAR PASHA Vs. SAJIDA BI AND ORS.

JUDGEMENT

(1.) Suffice it to notice that the Additional City Civil Judge [CCH No. 29], Mayohall Unit, Bengaluru, having failed to assign reasons and findings to allow unnumbered application under Order 6, Rule 17 of the Civil Procedure Code, 1908, filed by the plaintiffs without extending an opportunity to the defendants to file their objections, by order dated 10-11-2010 in OS No. 15687 of 2006 suffers from an error apparent on the face of the record, since violative of the Rule of audi alteram partem.

(2.) Petition is allowed.

(3.) Order dated 10-11-2010 in OS No. 15687 of 2006 on the file of Additional City Civil Judge [CCH No. 29], Mayohall Unit, Bengaluru, is quashed and proceeding remitted for fresh consideration by affording reasonable opportunity of hearing, including filing of objections by the defendants and to pass order strictly in accordance with law by recording reasons and findings.