Supreme Court questions propriety of in-charge judge passing ex parte eviction order without notice during presiding judge’s leave.

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Case Overview

Case Name: Anjali Foundation v. Anil Mehra | SLP (C) No. 36228 of 2025

In Anjali Foundation v. Anil Mehra, the Supreme Court of India examined institutional propriety concerning judicial functioning during a judge’s absence . The Bench comprising Justice J.K. Maheshwari & Justice Vijay Bishnoi dealt with an ex parte eviction order passed by an In-Charge Judge acting as Rent Controller while the regular Civil Judge (Junior Division), Gurugram, was on leave . The order was passed without issuing notice to the tenant raising concerns over jurisdiction, procedure & adherence to judicial discipline .

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Key Aspects

The case highlights serious procedural questions regarding the extent of powers exercised by In-Charge Judges . The Supreme Court stressed that even consent by a party cannot override concerns affecting institutional integrity and procedural fairness .

• Eviction proceedings were pending before the Civil Judge (Junior Division), Gurugram .
• During the presiding judge’s leave, the In-Charge Judge assumed charge as Rent Controller .
• A final eviction order was passed ex parte, without notice or opportunity of hearing .
• The High Court dismissed the tenant’s revision petition as infructuous due to the eviction order .
• The petitioner agreed to vacate but questioned the legality of the procedure adopted .

Legal Insights

The Court examined the issue through the lens of constitutional safeguards and statutory procedure . It emphasised that judicial powers must be exercised strictly within the framework prescribed by law and administrative rules .

• Principles of Natural Justice: Audi alteram partem mandates notice & hearing before adverse orders .
• Article 14, Constitution of Indian: Ensures fairness, non-arbitrariness & equal treatment in judicial process .
• Article 21, Constitution of India: Guarantees due process and procedural fairness affecting civil rights .
• Judicial Administration Rules: In-Charge Judges are generally limited to urgent or interim matters, not final adjudication .

Court’s Verdict

The Supreme Court held that passing a final eviction order by an In-Charge Judge without notice is prima facie untenable . While recording the petitioner’s undertaking to vacate by February 28, 2026, the Court directed the Registrar General of the Punjab & Haryana High Court to submit a detailed report explaining the governing procedure, powers of In-Charge Judges & relevant rules . The matter is listed next on February 2, 2026 .

Source – Supreme Court of India 

Read also – Constitution of India

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