ANGIRA KUMAR AGARWAL Vs. BHARATLAL PATELA

JUDGEMENT

(1.) WITH the consent of the parties, the matter is heard finally at motion stage.

(2.) THE instant revision is directed against the order dated 07.08.2009 passed by the Additional District Judge, Bhatapara, in Misc. Civil Appeal No. 04/09, whereby and whereunder the application preferred by the respondent No. 1 and 2 under Section 5 of the Limitation Act has been allowed without hearing the applicant herein.

(3.) THE High Court of Patna in case of Forbesganj Jagdish Mill Ltd. v. Kaloram1 has held in para 4 of its judgment that to avoid such a right will amount to serious violation of the principles of natural justice and therefore such order passed without hearing the opposite party must be deemed to be subject to the right of the respondent in this regard. THE High Court of Patna in said case relied upon two judgments of Privy Council in Krishnaswami Panikondar v. Ramasami Chettiar2 and Sunderbai v. Collector, Balgaum3.