Supreme Court of India · 2003-11-20
Khetrabasi Biswal vs Ajaya Kumar Baral And Ors
- Citation / case number
- AIRONLINE 2003 SC 628
- Court
- Supreme Court of India
- Petitioner
- Khetrabasi Biswal
- Respondent
- Ajaya Kumar Baral And Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha
Judgment text excerpt
The Supreme Court held that the absence of necessary parties in a writ petition renders the order passed by the High Court a nullity, as per the principles of procedural and substantive law. The Court emphasized that all affected parties must be given an opportunity to be heard, and thus remitted the matter back to the High Court for a fresh decision, allowing for the inclusion of all necessary parties. The Court invoked Article 142 of the Constitution of India to ensure complete justice in the case.