Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Advocate elevated as High Court Judge |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administration of Justice:Advocate elevated as High Court Judge-Deciding a case of parties, on behalf of one of whom he had appeared as a counsel in a revision-Duty of - litigant to speak--landlord-tenant dispute-Eviction of tenant ordered by Rent Controller and confirmed by appellate authority-Revision of tenant dismissed by Single Judge of High Court-Review petition by tenant contending that the Single Judge who dismissed the petition, before his elevation had argued a revision on behalf of the landlord and, therefore, he should not have heard the revision petition-Review dismissed-Held, it is not the case of the tenant that the Judge, whilst at the Bar had at any time appeared for the landlord at the trial or was personally known to him-The Judge cannot be expected to have remembered unless reminded that he had been a counsel for any of the parties at some stage in some litigation between these very parties-The tenant should have told his counsel that in the event of the revision petition coming up for hearing before the Judge concerned he should bring the fact to the notice of the Judge-This must be taken as a duty to speak on the part of the litigant --- failing which he cannot.be heard to raise grievance if the result of the litigation goes against him-The Judge was right in hearing and deciding the revision on merits when it was argued before him without any demur and without reclusion from the Judge being sought-Nor any fault can be found even with the view taken by the single Judge in dismissing the review petition-However, on the principle that justice should not only be done but also seen to have been done, the two orders passed by the single Judge are set· aside and the revision petition is restored for hearing afresh before the High Court albeit by another Judge-But the appellant must pay costs for his conduct-East Punjab Rent Restriction Act, 1949-s. 15(5)-Revision. |
Judge | Hon'ble Dr. Justice A.R. Lakshmanan Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2004 INSC 168 |
Petitioner | Mohan Lal Aggarwal |
Respondent | Atinder Mohan Khosla |
SCR | [2004] 2 S.C.R. 1174 |
Judgement Date | 2004-04-12 |
Case Number | 1571-1572 |
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