Law:

Section:

(a) Natural justice-   Denial of hearing in Court of first instance, but party heard by appellate or revision Court-Whether constitutes failure of natural justice.   Where a party was not given an opportunity to show cause and so was not heard by the Court of first instance; before passing an adverse order, no notice being required by statute, but the party was heard by the appellate or revisional authorities, and the question was whether the order should be set aside as void for failure of natural justice on the ground that it was passed without an opportunity to show cause being granted:   Held, (by Kaikaus, J., Wahiduddin Ahmed, J. agreeing) that it will have to be determined in each case whether the principle of natural justice has been sufficiently complied with on account of an opportunity of hearing before an appellate or revisional authority. The fact that the original order was passed without notice did not necessarily mean that the order was to be set aside.   It was not possible to lay down any general rule. One will have to consider the proceedings as a whole. The question to be decided would be whether any prejudice had been caused by the fact that the party was not heard by the authority that passed the original order.   Prejudice to the petitioner would be there if party could show a reasonable possibility of the order having been different had he been allowed to raise a plea before the first officer.   If the statutory provision for notice be mandatory the order without notice may be wholly void. If it be directory the Court may still presume prejudice from want of notice till the contrary is shown. In cases where only the violation of a principle of natural justice is pleaded the Court may call upon the party to prove prejudice before it sets aside the order.   An order which is passed in violation of this principle of natural justice is not a void order for what is void has no existence in the eye of law. Wali Muhammad v. Badrul Jalil P L D 1956 Kar. 250 distinguished.   Qadeeruddin Ahmad, J., held a different view on the question of prejudice.   According to His Lordship the principle that "no…