Madan Mohan Lal Vs. Surendra Dwivedi & Ors.
EmailAppeal: Civil Appeal No. of 1988.
(In SLP No. 2589/85)
(In SLP No. 2589/85)
Petitioner: Madan Mohan Lal
Respondent: Surendra Dwivedi & Ors.
Apeal: Civil Appeal No. of 1988.
(In SLP No. 2589/85)
(In SLP No. 2589/85)
Judges: A.P. SEN & L.M. SHARMA, JJ.
Date of Judgment: Apr 04, 1988
JUDGEMENT:
O R D E R
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we do feel that the petition filed by the appellant before the High Court under Art. 226 of the Constitution does give rise to questions which deserved a hearing on merits and the High Court ought not to have dismissed the writ petition in limine. Accordingly, the order passed by the High Court is set aside and the writ petition is remitted back for a decision afresh after notice to the parties.
3. The appeal is disposed of accordingly. No costs.
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we do feel that the petition filed by the appellant before the High Court under Art. 226 of the Constitution does give rise to questions which deserved a hearing on merits and the High Court ought not to have dismissed the writ petition in limine. Accordingly, the order passed by the High Court is set aside and the writ petition is remitted back for a decision afresh after notice to the parties.
3. The appeal is disposed of accordingly. No costs.
