High Court had inherent power to set aside an order passed against a party who had no notice of proceeding in which order was passed
Article 226 of the Constitution :
In Shivdeo Singh and Others Vs. State of Punjab and Others, , the question was whether in a writ petition under Article 226 of the Constitution, the High Court had inherent power to set aside an order passed against a party who had no notice of the proceeding in which the order was passed. The Supreme Court held in favor of such inherent jurisdiction in the following words in paragraph 8 of the judgment:
“It is sufficient to say that there is nothing in Article 226 of the Constitution to preclude a High Court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it. Here the Previous order of Khosla, J., affected the interests of persons who were not made Parties to the proceeding before him. It was at their instance and for giving them a hearing that Khosla. J.. entertained the second petition. In doing so, he merely did what the principles of natural justice required him to do. It is said that the respondents before us had no right to apply for review because they were not parties ‘to the previous proceedings. As we have already pointed out, it is precisely because they were not made Parties to the previous proceedings, though their interests were sought to be affected by the decision of the High Court, that the second application was entertained by Khosla, J.,”
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