Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Ex Parte Order Can Be Recalled If Party Complies With Directions & Legal Issues Require Full Hearing For Proper Adjudication: MP High Court
The Madhya Pradesh High Court has held that an ex-parte order (an order passed in the absence of a party) can be recalled if the concerned party subsequently complies with the court's directions and if the case involves legal issues that require a full hearing for proper adjudication. The court observed that the primary goal of the judicial process is to decide cases on their merits. If a party was unable to appear earlier but has now shown its willingness to participate and has complied with interim orders, it should be given an opportunity to be heard. The court stated that recalling an ex-parte order is particularly important when the case involves complex questions of law that would benefit from arguments from both sides. This ruling emphasizes a justice-oriented approach over a strictly procedural one, ensuring that matters are decided after a comprehensive hearing whenever possible.