United Commercial Bank Ltd. vs Kartar Singh Campbellpuri on 1 May, 1952
18. In dealing with the question as to the circumstances under which an order for costs can be made against a stranger to a suit a Full Bench of the Allahabad High Court held that before such an order can be passed the stranger should be made a. party to the litigation and he must be given an opportunity of being heard. See Chandra Shekhar v. Manohar Lal, A. I. R. 1942 ALL. 233 (p. B.). The order of 19th May 1951 which was passed in violation of the principles of natural justice was thus an order passed without jurisdiction and was liable to be quashed by Certiorari. It appears however that subsequently upon representation being made by the petitioner a representative of the petitioner was heard on 9th June 1951 at Naini Tal but the respondent confirmed the order that he made on 19th May 1951 at Dehra Dun. The petitioner has however not been made a party to the proceeding and has thus been reprived of its right of appeal under the Industrial Disputes (Appellate Tribunal) Act. In the circumstances the petitioner has properly invoked the jurisdiction of this Court under Article 226 of the Constitution.