It cannot be underestimated that it is the privilege of a Court to pass an order one way or the other on merits, in accordance with law, yet a laudable principle is implicit in the system to give a fair deal to exch of the litigants who knocks the door of the Court and implicit therein is a further laudable principle that ever litigant who is aggrieved by the order litigant who is aggrieved by the order of the Court of the first instance has a legitimate right to move the higher Court ask for redress, and therefore, a reasonable opportunity should normally be given in that behalf to all the litigants, provided of course the prayer on the face of if does not appear to be frivolous or vexatious. This principle is essential to be preserved so as to instill a sense of confidence in the system of administration justice.
IN THE HIGH COURT OF BOMBAY
A.F.O. No. 546 of 1980
Decided On: 27.03.1981
Kranti Mohan Guruprasad Mehra Vs. Fatehchand Vasuram Behal
Hon'ble Judges/Coram:
V.S. Kotwal, J.
Citation : AIR 1982 Bom 263
