Rules of the
High Court of Judicature (VoI. I)
Chap. A r. 9
9 of Chapter A in Appendix IV to the Rules of the High Court of Judicature Vol.
I pros that if at the hearing of the application the t is of opinion that any
person who ought to been served with notice of the application has been so
served, the Court may order that notice also be served on such person and
adjourn the hearing upon such terms as the Court may consider.
Khan Vs. Shah Azharuddin Ahmed and ors. (1983) 35 DLR (AD) 72.
Rule 9—Rule 9
clearly provides that if in the opinion of the Court the appellant ought to
have been served with notice of the writ petition, and since no notice was
served upon him, only course open to the Court was to adjourn the hearing and issue
direction for service of the writ petition upon appellant. Ibid.
IV) r. 15, Chap. A Procedure to be followed in awarding costs by initiating a
proceeding suo motu after the disposal of the original petition. Ibid.