Audi alteram partem bars revisional orders passed without notice or hearing; the order was set aside and remitted.

A revisional order affecting party rights could not stand where the High Court disposed of the matter without issuing notice or hearing the respondent or counsel, because the audi alteram partem rule required compliance with natural justice. The later note recorded by the High Court did not cure the defect. The order was therefore set aside and the matter remitted for fresh disposal after hearing both parties.

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Issues: Whether the High Court's revisional order, passed without notice or hearing to the respondent, could be sustained in view of the rule of audi alteram partem.

Analysis: The revisional order had been made without issuing notice of the hearing to the respondent or his counsel. Since the proceeding before the High Court was one in which the principles of natural justice applied, disposal of the matter without affording an opportunity of hearing was inconsistent with the audi alteram partem rule. The later note recorded by the High Court did not cure this defect.

Conclusion: The High Court order could not be sustained and was set aside. The matter was remitted to the High Court for fresh disposal after hearing both parties.

Ratio Decidendi: An order passed in revision in a manner affecting party rights cannot stand where the party has been denied notice and hearing in breach of the rule of natural justice.

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