AIR 1952 KUTCH 85

Kutch Judicial Commissioner's Court

Hon'ble Judge(s): Vakil , J

Criminal P.C. (5 of 1898) , S.488— Notice to opposite party - Necessity. The ordinary rule of procedure is that no order should be made against a person on the application of another unless he has been given an opportunity of being heard in reply to the averments made against him except when it is expressly provided by law that an ex parte order could be made. A case under S. 488 could not be decided without serving a notice of the application on the person from whom maintenance is sought. Not only that, but the law does not contemplate ex parte proceeding except in the particular class of cases mentioned in the proviso to sub-s. (6). Thus the intention of the legislature made quite clear that proceedings under the section shall not be heard ex parte except in the cases mentioned in the proviso. Hence, by implication it was provided that a notice of the application shall be issued to the person from whom maintenance is claimed. Sub-ss. (4) and (5) cannot be construed as leading to an inference that an order could be made without affording opportunity, to the person against whom application is made, of being heard.(Para 4 5 6) .....