Supreme Court Quashes Madras High Court Order Passed Without Notice.


26 September 2025 Property Law >> Personal Law  

The Supreme Court of India has quashed a judgment of the Madras High Court that had ordered the appointment of an Advocate Commissioner in a property case, ruling that the order was passed contrary to the canons of natural justice, since the aggrieved parties had not been notified or heard prior to the order.

The case was a result of proceedings before the Subordinate Judge, Mettur, Salem, in O.S. No. 308 of 2019. In October of 2023, the trial court had rejected an interlocutory application for appointment of a Commissioner for recording physical details of the property in dispute. But on appeal, the Madras High Court set aside this ruling on 18 December 2023, ruling that the appointment of a commissioner would not prejudice any party and went ahead and granted the request.


 

 
 
 

Two aggrieved individuals, Dhanalakshmi and another, went to the Supreme Court contending that the High Court acted illegally by bringing out the order ex parte—that is, without notice to them or any opportunity for hearing. Acknowledgeing this as a grave procedural fault, the Supreme Court previously stayed the execution of the order of the High Court while giving notice to the respondents in March 2024. Even after notice was served, the respondents failed to appear before the top court.

The bench of Justice Sanjay Kumar and Justice Alok Aradhe, having heard the case on 26 September 2025, held that the High Court had made a "clear procedural error" in issuing a final order against the petitioners without giving them a hearing. Stressed the need to follow the rules of natural justice, the Court found the High Court's order unsustainable and set it aside.

Consequently, the appeal was granted, and the pending applications before it in the case were dealt with.