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by Admin
07 May 2024 2:49 AM
In a notable judgment today, the Andhra Pradesh High Court, under the bench of Hon’ble Dr. Justice K. Manmadha Rao, emphasized the importance of fair trial and opportunity in civil proceedings. The Court set aside an order from a lower court in the Civil Miscellaneous Appeal No. 1227 of 2018, underscoring the need for a decision based on merits.
The appeal, filed by M Suguna Devi, contested the dismissal of her application for the appointment of an Advocate Commissioner in I.A.No. 167 of 2017. The lower court had previously dismissed this application, citing intentional delays by the appellant.
Justice Rao, in his decision, highlighted the criticality of providing fair opportunities to parties involved in legal disputes. He stated, “an opportunity has to be given to the parties to decide the issue on merits for fair disposal.” This statement forms the core philosophy of the judgment, which reinstates the fundamental principles of justice and fairness in judicial proceedings.
The case revolved around procedural contentions where the appellant’s representation was allegedly not heard adequately due to the absence of her senior counsel on the scheduled date. The High Court’s intervention rectifies this by directing the lower court to restore I.A.No. 167 of 2017 and to ensure its disposal based on the merits of the case, within a specified four-week period.
Legal experts view this judgment as a reinforcement of the principles of natural justice, especially the right to a fair hearing. The Court’s emphasis on deciding matters on their merits rather than procedural technicalities is being seen as a positive step towards ensuring justice is accessible and equitable.
Representing the appellant, Mr. C. Subodh expressed satisfaction with the judgment, noting that it upholds the right to a fair trial. On the other side, Mr. T. Janardhan Rao, representing the respondents, acknowledged the High Court’s directive.
This decision also reflects upon the Court’s consistent approach in civil litigation, focusing on the essence of the matter rather than solely on procedural lapses, thus paving the way for more equitable and just judicial processes.
Date of Decision: 10 November, 2023
M Suguna Devi Versus T Raikab Chand Died
