Principles of Natural Justice in Civil Proceedings
Audi Alteram Partem (Right to be Heard)
Notice to the parties
This principle ensures that no one should be condemned unheard. In civil proceedings, it is mandatory to issue proper notice to all parties involved so they are aware of the legal action being initiated and have time to prepare a response.
Example: If a defendant is not served notice of a suit and an ex parte decree is passed, it can be challenged for violating the principle of natural justice.
Opportunity to present case
Every party must be given a reasonable opportunity to be heard, to present evidence, and to respond to the opponent’s submissions. Failure to do so renders the decision void or appealable on the grounds of procedural unfairness.
Example: If a court denies the defendant a chance to submit documents or cross-examine a witness, it violates natural justice.
Nemo Judex in Causa Sua (Impartiality of the Judge)
No one should be a judge in his own cause
This rule prohibits a person from acting as a judge in a case where they have a personal interest. The purpose is to maintain the integrity of the judicial process and public confidence in its impartiality.
Example: A judge hearing a case involving a company in which he holds shares must recuse himself.
Bias
Any decision made under the influence of actual, presumed, or apparent bias is liable to be set aside. The appearance of bias is sufficient to vitiate the decision, even if actual bias cannot be proven.
Types of bias include:
- Pecuniary bias – financial interest
- Personal bias – relationships or enmity
- Subject-matter bias – preconceived notions about the issue
Example: A judge with a close friendship with one party may be seen as biased, even if he decides fairly.
Procedural Fairness and Due Process
Right to Fair Trial
The right to a fair trial is a cornerstone of civil justice and is protected by the Code of Civil Procedure and constitutional principles. It encompasses:
- Impartial and independent adjudication
- Proper service of summons
- Equal opportunity to present evidence and arguments
- Reasoned judgment based on facts and law
Example: A trial where the judge listens to one party in open court and denies hearing to the other would be deemed unfair.
Procedural Fairness
Amendments to pleadings
Order VI Rule 17 of CPC allows for amendment of pleadings when necessary for determining the real issues in dispute. The court ensures such amendments are not prejudicial or cause injustice to the other party.
Example: A plaintiff may amend the plaint to correct a misstatement of facts, provided it doesn’t change the nature of the suit.
Admissibility of evidence
Only relevant and admissible evidence under the Indian Evidence Act is considered. Procedural fairness requires the court to allow both parties to produce evidence, cross-examine witnesses, and rebut opposing claims.
Example: Denying the defendant a chance to produce key documents, despite timely application, violates procedural fairness.