Right of parties to litigation is paramount: SC

New Delhi, Oct 3 (UNI) The Supreme Court has held that the right to litigation is paramount and is the essence of the principle of natural justice.

In a petition filed by Suresh Chandra Nanhorya, he alleged that the Madhya Pardesh High Court did not issue notice to him before passing an adverse order against him in a civil revision filed by respondents Rajendra Rajak and others.

Review petition filed by the appellant here was also dismissed by the High Court on April 23, 2004.

A Bench comprising Justices Arijit Pasayat Lokeshwar Singh Panta said, ''Even the God did not pass a sentence upon Adam, before he was called upon to make his defence.'' Noting that the High Court order clearly indicated that only the applicant's counsel was heard, the apex court ruled it was a clear violation of the principle of natural justice.

The Supreme Court while setting aside the impugned High Court judgment said, ''Natural justice is an inseparable ingredient of fairness. It is even said that the principles of natural justice must be read into unoccupied interstices of the statute, unless there is a clear mandate to the contrary.'' ''The right of a man to be heard in his defence is the most elementary protection. The purpose of following the principles of natural justice is the prevention of miscarriage of justice,'' the court added.

The court while setting aside the impugned judgement directed the High Court for fresh consideration on merits after due notice to the appellant.

UNI AKS/SC AK DS1732