Navodaya Vidyalaya Samiti Vs. Bhupinder Kaur & Ors.
EmailAppeal: Civil Appeal No. of 1988.
(In SLP No. 15174/87)
(In SLP No. 15174/87)
Petitioner: Navodaya Vidyalaya Samiti
Respondent: Bhupinder Kaur & Ors.
Apeal: Civil Appeal No. of 1988.
(In SLP No. 15174/87)
(In SLP No. 15174/87)
Judges: A.P. SEN & L.M. SHARMA, JJ.
Date of Judgment: Apr 11, 1988
Head Note:
CIVIL PROCEDURE CODE, 1908:
Section 141, Order VIII, R.10 – Amending Act 104 of 1976 – Constitution of India, 1950; Article 226 – The High Court allowed the writ petition acting under O.8 R.10 – Held that section 141 read with the Explanation thereto makes the Code inapplicable to proceedings under Art.226 – Matter remitted to the High court for hearing afresh.
PRACTICE AND PROCEDURE
The High Court allowed the writ petition acting under O.8 R.10 – Held that section 141 read with the Explanation thereto makes the Code inapplicable to proceedings under Art.226 – Matter remitted to the High court for hearing afresh – Code of Civil Procedure, 1908; Section 141, Order VIII, R.10 – Amending Act 104 of 1976 – Constitution of India, 1950; Article 226.
JUDGEMENT:
O R D E R
1. Special leave granted. Arguments heard.
2. We find it rather difficult to sustain the order passed by the High Court allowing the writ petition purporting to act under Order VIII rule 10 of the Code of Civil Procedure, 1908. We regret to say that there is complete non-application of mind on the part of the High Court. It failed to appreciate that s.141 of the Code read with the Explanation thereto, as inserted by the Amending Act 104 of 1976, expressly makes the Code inapplicable to proceedings under Art.226 of the Constitution. That being so, the writ petition has to be remitted to the High Court for hearing afresh after notice to the parties.
3. The High Court shall permit the respondents to file their return within a specified time and also allow the appellant to file its rejoinder.
4. The appeal is disposed of accordingly. No costs.
1. Special leave granted. Arguments heard.
2. We find it rather difficult to sustain the order passed by the High Court allowing the writ petition purporting to act under Order VIII rule 10 of the Code of Civil Procedure, 1908. We regret to say that there is complete non-application of mind on the part of the High Court. It failed to appreciate that s.141 of the Code read with the Explanation thereto, as inserted by the Amending Act 104 of 1976, expressly makes the Code inapplicable to proceedings under Art.226 of the Constitution. That being so, the writ petition has to be remitted to the High Court for hearing afresh after notice to the parties.
3. The High Court shall permit the respondents to file their return within a specified time and also allow the appellant to file its rejoinder.
4. The appeal is disposed of accordingly. No costs.
