![High Court Order Passed Without Notice to Appellant Set Aside, Miscellaneous Petition Restored: Supreme Court in Jasween Singh v. Dashoda @ Yashoda Bai Ahirwar [2026 INSC 992]](/assets/images/article-criminal.svg)
Quick Answer: A High Court cannot allow a Miscellaneous Petition against a party without hearing it. Where the High Court granted the prayer and directed an undervaluation defect to be cured without issuing notice to the appellant, the Supreme Court set aside that order and the order dismissing the review, restored the petition before the High Court and stayed the suit proceedings in the meantime.
In Jasween Singh v. Dashoda @ Yashoda Bai Ahirwar & Ors. (2026 INSC 992), the Supreme Court set aside the High Court's orders dated 23.03.2026 and 28.04.2026 because the High Court had granted the respondent's Miscellaneous Petition without issuing notice to the appellant, a fact the respondent's counsel also accepted (paras 2–5). A Bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran restored the Miscellaneous Petition before the High Court and stayed the proceedings in the suit before the Civil Judge (Senior Division), Jabalpur, if restored on the basis of the impugned order (para 5).
Status: High Court's orders dated 23.03.2026 and 28.04.2026 set aside; Miscellaneous Petition restored; appeals allowed without any observation on the merits (paras 5–6).
Headnote: Order Passed Without Hearing the Appellant Set Aside
Natural justice – Audi alteram partem – Order passed without notice – Code of Civil Procedure, 1908 – Order VII Rule 11 – Suit dismissed for undervaluation – Miscellaneous Petition before High Court – Direction to cure defect – Review – Remand and restoration.
Held: (i) The High Court allowed the respondent's Miscellaneous Petition and directed the undervaluation defect to be cured without issuing notice to the appellant, and the respondent's counsel agreed that the appellant was not heard (paras 2–4).
(ii) The orders dated 23.03.2026 and 28.04.2026 were therefore set aside and the Miscellaneous Petition was restored before the High Court (para 5).
(iii) The suit proceedings before the Civil Judge (Senior Division), Jabalpur, if restored on the basis of the impugned order, stand stayed, and further proceedings depend on the High Court's orders (para 5).
(paras 2–6)
Case Details: Jasween Singh v. Dashoda @ Yashoda Bai Ahirwar (2026 INSC 992)
Final Outcome: Civil Appeals allowed without any observation on the merits; impugned orders set aside; Miscellaneous Petition restored before the High Court; suit proceedings stayed.
Case: Jasween Singh v. Dashoda @ Yashoda Bai Ahirwar & Ors.
Neutral Citation: 2026 INSC 992
Case No.: Civil Appeal Nos. ___ of 2026 (arising out of SLP (C) Nos. 28440–28441 of 2026)
Court: Supreme Court of India (Civil Appellate Jurisdiction) – Non-Reportable
Date of Decision: 10 September 2026
Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran (order; no author named)
Relevant Acts & Sections: Code of Civil Procedure, 1908 – Order VII Rule 11; principles of natural justice
Impugned Orders: High Court – order dated 23.03.2026 in the Miscellaneous Petition and order dated 28.04.2026 dismissing the review (para 3)
Source: Supreme Court of India (official website)
Key Holdings of the Supreme Court
- The High Court granted the Miscellaneous Petition even without issuing notice to the appellant (para 3).
- Counsel for the respondent agreed that the appellant was not heard (para 4).
- The orders dated 23.03.2026 and 28.04.2026 are set aside and the Miscellaneous Petition is restored before the High Court (para 5).
- The suit proceedings at Jabalpur, if restored on the basis of the impugned order, stand stayed pending the High Court's orders (para 5).
- The Supreme Court made no observation on the merits (para 6).
Brief Facts of the Case
The dispute concerned the undervaluation of a suit. On that basis, the Trial Court dismissed the suit itself under Order VII Rule 11 of the Code of Civil Procedure, 1908 (para 3).
The respondent then filed a Miscellaneous Petition before the High Court. By order dated 23.03.2026, the High Court, even without issuing notice, granted the prayer and directed the defect to be cured. A review was dismissed on 28.04.2026 (para 3).
The appellant's only contention before the Supreme Court was that he was not heard when the High Court passed its order (para 2).
Issues Before the Supreme Court
- Whether the High Court's order in the Miscellaneous Petition, passed without hearing the appellant, could be sustained (paras 2–4).
- What should happen to the suit proceedings revived on the basis of that order (para 5).
Court's Findings and Reasoning
No notice to the appellant (para 3): The Court noted from the order dated 23.03.2026 that the High Court granted the prayer and directed the defect to be cured even without issuing notice.
Respondent's concession (para 4): Counsel for the respondent also agreed that the appellant was not heard.
Relief (para 5): In these circumstances, the Court set aside both orders, restored the Miscellaneous Petition before the High Court and stayed the suit proceedings at Jabalpur, leaving their future to depend on the High Court's orders.
Final Outcome and Directions
- Orders dated 23.03.2026 and 28.04.2026 set aside; Miscellaneous Petition restored before the High Court (para 5).
- Proceedings before the Civil Judge (Senior Division), Jabalpur, in RCS-A/74 of 2022, if restored on the basis of the impugned order, stand stayed; further proceedings to depend on the High Court's orders (para 5).
- Civil Appeals allowed without any observation on the merits; pending applications rejected (paras 6–7).
Legal Principle Laid Down
An order of the High Court granting relief against a party, passed without issuing notice to or hearing that party, cannot stand. The proper course is to set aside the order, restore the matter for a fresh decision after hearing both sides, and keep proceedings revived on the basis of the set-aside order in abeyance.
Precedents Relied Upon
- No precedent is cited in the order.
Important Paragraphs of the Judgment
Verbatim extracts from the order. For the full text, refer to the judgment PDF below.
Para 2: "The only contention of the appellant is that the appellant was not heard, when the order was passed by the High Court in the Miscellaneous Petition filed by the respondent."
Para 3: "On a Miscellaneous Petition filed before the High Court, as we see from the order dated 23.03.2026, the High Court, even without issuing notice, granted the prayer and directed the defect to be cured."
Para 4: "Learned Counsel for the respondent also agreed that the appellant was not heard."
Para 6: "The Civil Appeals are allowed without any observation on the merits of the matter."
Practical Impact of the Ruling
- For litigants: An adverse order passed without notice can be set aside on that ground alone, without going into the merits (paras 3–6).
- For High Courts: Notice must issue to the affected party before granting a prayer that revives a suit dismissed under Order VII Rule 11 (paras 3, 5).
- For trial courts: Proceedings revived on the basis of a set-aside order must await the fresh decision of the High Court (para 5).
FAQs on Orders Passed Without Hearing a Party
1. What did the Supreme Court decide in Jasween Singh v. Dashoda @ Yashoda Bai Ahirwar?
It set aside the High Court's orders dated 23.03.2026 and 28.04.2026 because the appellant was not heard, and restored the Miscellaneous Petition before the High Court (para 5).
2. Why was the High Court's order set aside?
Because the High Court granted the prayer without issuing notice to the appellant, and the respondent's counsel agreed that the appellant was not heard (paras 3–4).
3. What was the underlying dispute?
The Trial Court had dismissed the suit under Order VII Rule 11 CPC on the ground of undervaluation, and the High Court had directed the defect to be cured (para 3).
4. What happens to the suit now?
The suit proceedings before the Civil Judge (Senior Division), Jabalpur, if restored on the basis of the impugned order, stand stayed and depend on the High Court's orders (para 5).
5. Did the Supreme Court decide the undervaluation issue?
No. The appeals were allowed without any observation on the merits (para 6).
Keywords: 2026 INSC 992, Jasween Singh v. Dashoda @ Yashoda Bai Ahirwar, order without notice, natural justice, audi alteram partem, Order VII Rule 11 CPC, undervaluation of suit, Miscellaneous Petition restored, review dismissed, Justice J.B. Pardiwala, Justice K. Vinod Chandran, Supreme Court non-reportable judgment
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Download Judgment PDF – Jasween Singh v. Dashoda @ Yashoda Bai Ahirwar
Source: Supreme Court of India (official website).