STATE OF RAJASTHAN & OTHERS Vs. AMMINI PG

JUDGEMENT

(1.) Both the parties have entered appearance. With the consent of the counsel appearing for the respective parties the matter is finally heard at admission stage. It is pointed out by the counsel for the petitioner-respondent herein that on 28.7.97 a notice was issued by the court as to why the petition should not be admitted. As the petitioner respondent had no objection for admission of the petition he did not enter appearance in the court. Thereafter, the court without issuing notice for hearing of the case on merits passed the impugned order dated 31th Aug., 1998.

(2.) The submission of the counsel for the respondents-appellants is that the court could not have passed an order on merits without there being any notice of hearing of the case on merits. We find considerable force in the submission made by the counsel for the appellants. When a notice was issued by the court only for admission and not for the hearing of the petition on merits, non appearance of the respondent does not make any difference so far it relates to the hearing of the matter. The court while finding that non-applicant does not want to enter appearance or do not want to oppose the admission of the petition, could have admitted the petition but could not have heard the matter on merits for final adjudication.

(3.) Under these circumstances, the ex-parte order dated 30.8.1997 against the respondents appellants is set-aside. The matter is now remanded back for fresh hearing on merits. The appellant-respondents are granted fifteen days time to file return and the matter shall be listed before the appropriate Bench after fifteen days for hearing on merits. Special Appeal Allowed-Matter Remanded For Fresh Hearing On Merits.