Mohamed Sameem Noorul Asma vs Mohamed Zaki Sithy Munawwara Saki – CA NO. 484/98 F -2012

In the case between Mohamed Sameem Noorul Asma alias Asmi and Mohamed Hanifa Marikar Mohamed Faiz (Plaintiffs-Appellants) and Mohamed Zaki Sithy Munawwara Saki, Mohamed Mohideen Haleemathu Sahiriya, among others (Defendants-Respondents), the court addressed whether the order of the Court of Appeal dated 11.01.2012, which dismissed the appeal, should be set aside due to lack of notice and opportunity to be heard afforded to the 20th and 21st Defendants-Respondents-Petitioners. It was held that “due notice” was not served on the Petitioners prior to the hearing and dismissal of the appeal, and that “sufficient cause” under Section 771 of the Civil Procedure Code had been established to justify setting aside the dismissal and re-hearing the appeal. The principle reaffirmed is that an order ma