Jayanmti De and Another Vs. Abani Kanta Barat and Others
EmailAppeal: Civil Appeal No. 3379 of 2000
(Arising out of SLP (C) No. 15446 of 1999)
(Arising out of SLP (C) No. 15446 of 1999)
Petitioner: Jayanmti De and Another
Respondent: Abani Kanta Barat and Others
Apeal: Civil Appeal No. 3379 of 2000
(Arising out of SLP (C) No. 15446 of 1999)
(Arising out of SLP (C) No. 15446 of 1999)
Judges: K.T. THOMAS & R.P. SETHI, JJ.
Date of Judgment: Nov 05, 2000
Head Note:
PRACTICE AND PROCEDURE
Civil Procedure Code, 1908
Order 41 Rule 11 – Appeal – Disposal – Method – Appeal dismissed under Rule 11 – No reasons mentioned. Held that even if Rule 11(4) required the High Court to give no reasons, High Court cannot avoid. Orders set aside and matter remitted back for decision on merits.
(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. The appeal has been dismissed by the High Court with the following order :
“This appeal is dismissed under
Order XLI Rule 11 of the Code of Civil Procedure.
There will be no order as to costs.”
3. We are not satisfied that the High Court has considered the appeal on merits. Even if the dismissal is under Order 41 Rule 11 and the High Court is not required under Sub-rule (4) to record in brief its grounds for doing so it is not a carte blanche to enable the appellate court to avoid recording any reason whatsoever. We think that the appeal required considera-tion on merits. We, therefore, set aside the impugned order and remit the appeal to the High Court for disposal of the same on merits and in accordance with law by stating the reasons. The position which remained as on the date of impugned order will continue till the disposal of the appeal.
4. The appeal is disposed of accordingly.
1. Leave granted.
2. The appeal has been dismissed by the High Court with the following order :
“This appeal is dismissed under
Order XLI Rule 11 of the Code of Civil Procedure.
There will be no order as to costs.”
3. We are not satisfied that the High Court has considered the appeal on merits. Even if the dismissal is under Order 41 Rule 11 and the High Court is not required under Sub-rule (4) to record in brief its grounds for doing so it is not a carte blanche to enable the appellate court to avoid recording any reason whatsoever. We think that the appeal required considera-tion on merits. We, therefore, set aside the impugned order and remit the appeal to the High Court for disposal of the same on merits and in accordance with law by stating the reasons. The position which remained as on the date of impugned order will continue till the disposal of the appeal.
4. The appeal is disposed of accordingly.
