Court Responsibilities and Ethical Duties in Cases of Notification Failures
Querist :
Anonymous
(Querist) 03 September 2024
This query is : Resolved
2. Mr. Sameer Khan, a businessman, filed a lawsuit in the District Court of Delhi against JAY’s Corporation for breach of contract. The court issued a notice to JAY’s Corporation, and the case was scheduled for a hearing. However, due to an administrative error, the court staff failed to notify JAY’s Corporation of the hearing date.On the day of the hearing, Mr. Khan and his legal team appeared in court, but JAY’s Corporation was absent. The court, unaware of the notification error, proceeded to hear the case ex parte and ruled in favor of Mr. Khan, awarding him significant damages.When JAY’s Corporation learned about the court's decision, they filed a motion to set aside the ex parte judgment, arguing that they were not given a fair opportunity to present their case due to the court's mistake. In such a case what is the court's responsibilities in ensuring that both parties receive proper notification of hearings. Under what circumstances can JAY’s Corporation successfully have the court's decision overturned and what are the ethical obligations of Mr. Khan and his legal team?
T. Kalaiselvan, Advocate
(Expert) 04 September 2024
The summons sent by court will certainly contain the date of hearing.
If the respondent received the summons and allegedly found no mention about the date of hearing then the respondent should have taken steps either in person or through an advocate to clarify the date of hearing and other details.
It is the fault of the respondent to remain silent even after receiving the summons hence his blame against the court will not be appreciated by court.
However the court may set aside the exparte order if convinced in the interest of justice.
