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Depriving anyone of the right to have his day in court is very serious. The magistrate has a duty to the plaintiff to minister the opportunity to argue the petition put forth by the deputy clerk. "He who decides a case with the other side unheard, though he decide justly, is himself unjust." Seneca Medea 4 BC - AD 65. +++++++++++++++++++++++++++++++++++++++++++ What Medea, in Seneca's play, once recited to Creon in a bad cause, now I in a good cause can make use of with perfect justice among you students: "He who has judged anything with the other side unheard, even if he judged fairly, he was not fair." 47 And thus Alexander the Great did wisely, as Plutarch tells the story; whenever he sat in judgment in capital cases, he always used to close one ear to the plaintiff. Asked why he would do this, he replied, "The other ear, as I ought, I keep wholly for the defendant" 48 What Alexander did for his inferiors by his power, I hope you by your prudence will do in the present case for those not inferior to you. Whereas fairness (as I would wish) makes a demand of its own, thus courtesy (as I would believe) makes the same demand of your minds. +++++++++++++++++++++++++++++++++++++++++++ "Quicunque aliquid statuerit parte inaudita altera -- aquum licet statuerit, haud aquus fuerit." Whoever may have decided anything, the other side remaining unheard, granted that his decision may have been just will not have been just to himself." +++++++++++++++++++++++++++++++++++++++++++ “In Seneca’s Medea, it is said: “a judge is unjust who hears but one side of a case, even though he decides it justly”. Based on this, has been developed “Audi alteram partem” as a facet of natural justice”. (Seneca Medea 4 BC-AD 65). ‘Audi alteram partem’ means hear the other side; hear both sides. Under the rule, a person who is to decide must give the parties an opportunity of being heard before him and fair opportunity to those who are parties in the controversy for contradicting or correcting anything prejudicial to their view.” (Union of India v. Tulsiram Patel AIR 1985 SC 1416 at p.1460). |