Rangappa Thewar vs Kudadurege – clr volume 2 page 045

In the case between the plaintiff, who had obtained a monetary judgment, and the defendant, whose lands were seized in execution, the court addressed the issue of whether an inquiry into a third-party property claim arising during execution proceedings could be validly conducted without notice to all interested parties. It was held that such an inquiry conducted ex parte, without notifying the plaintiff, did not satisfy procedural fairness requirements. The principle was reaffirmed that all parties with a legal interest must be given notice and an opportunity to be heard. Reliance was placed on established rules of natural justice, emphasizing the necessity for participation by all affected parties in judicial inquiries to safeguard their rights.

Clarence J. — After recounting the factua