MOHAN LAL AGGARWAL versus ATINDER MOHAN KHOSLA

MOHAN LAL AGGARWAL versus ATINDER MOHAN KHOSLA

Though no procedural fault is found in the single Judge deciding the revision and review, the orders are set aside to uphold the principle that justice should be seen to be done, and the revision is restored for fresh hearing before another Judge, with costs imposed on the appellant.

Parties
Appellant: Mohan Lal Aggarwal; Respondent: Atinder Mohan Khosla
Jurisdiction
India
Judgment Date
12 March 2004
Procedural Posture
Civil Appeal / Appeal From High Court Orders in Revision and Review
Outcome
Appeals allowed; impugned High Court orders set aside; revision petition restored for hearing before another Judge with condition.
Legal Topics
Eviction, Review Jurisdiction, Judge's Impartiality, East Punjab Rent Restriction Act, 1949
Landlord Tenant Law Civil Procedure Eviction Review Jurisdiction Judge's Impartiality East Punjab Rent Restriction Act, 1949

Case Brief

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Parties

Mohan Lal Aggarwal

Appellant

Atinder Mohan Khosla

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Orders in Revision and Review

Legal Issues

  1. 1 Whether a Judge can hear and decide a case involving parties for whom he appeared as counsel before elevation.
  2. 2 Whether the litigant must disclose prior involvement of the Judge to the court.

Ratio Decidendi

Though no procedural fault is found in the single Judge deciding the revision and review, the orders are set aside to uphold the principle that justice should be seen to be done, and the revision is restored for fresh hearing before another Judge, with costs imposed on the appellant.

Court Disposition

Appeals allowed; impugned High Court orders set aside; revision petition restored for hearing before another Judge with condition.

Orders

  • Appellant to deposit Rs. 25,000 in the High Court within four weeks as costs.
  • On deposit, Rs. 20,000 to State Legal Aid Services Authority, Rs. 5,000 to respondent.