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The High Court granted extension of time to appeal after finding the DLHT judgment was delivered without notice to the parties, amounting to illegality.
The tribunal's failure to notify the appellant of the date of delivery of the ex-parte ruling violated the appellant's right to be informed of the outcome, as established in Cosmas Construction Co. Ltd v. Arrow Garments Ltd.
Source excerpt
Applicant was not notified of the date of judgment pronouncement; upon becoming aware, acted promptly and diligently; delay was not inordinate; sufficient cause established for extension of time.
Source excerpt
The absence of evidence that the applicants were notified of the date of delivery of the ex-parte ruling rendered the decision of the District Land and Housing Tribunal invalid, as required by Order XX Rule 1 of the Civil Procedure Code. Consequently, there was no valid decision capable of being referenced, necessitating the quashing of the proceedings and remittal for rehearing.
Source excerpt
The High Court granted the applicants extension of time to file a notice of appeal, holding that failure to notify them of the ex parte judgment date was good cause.
Failure to notify appellants of the date of delivery of ex parte judgment was a procedural irregularity affecting their right to fair hearing; District Court erred in dismissing the application for extension of time.
Source excerpt
The High Court granted extension of time to appeal, holding that the applicant had sufficient cause because the district court failed to notify him of judgment delivery.
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