Ramgopal Vs. Khubbilal
EmailAppeal: Civil Appeal No. 1121 of 1988.
(Arising out of Special Leave Petition No. 13585 of 1987)
(Arising out of Special Leave Petition No. 13585 of 1987)
Petitioner: Ramgopal
Respondent: Khubbilal
Apeal: Civil Appeal No. 1121 of 1988.
(Arising out of Special Leave Petition No. 13585 of 1987)
(Arising out of Special Leave Petition No. 13585 of 1987)
Judges: R.S. PATHAK, CJI & M.N. VENKATACHALIAH, J.
Date of Judgment: Mar 28, 1988
Head Note:
PRACTICE AND PROCEDURE
Consideration of material on record – Non application of mind by the High Court to all the material on record – Case remanded to the High Court for fresh consideration.
JUDGEMENT:
O R D E R
1. Delay condoned.
2. Special leave granted.
3. Having heard learned counsel for the parties, we are of opinion that the impugned judgment and order of the High Court do not show that the High Court applied its mind to all the material on the record in the light of the principles of law attracted to the case. Accordingly we allow the appeal, set aside the impugned judgment and order of the High Court and remand the case to the High Court for fresh consideration and disposal in accordance with law. We trust it will be possible for the High Court to dispose of the case expeditiously, if possible, within three months from today. We make it clear that we express no opinion on the merits of the case.
4. The appeal is disposed of accordingly. There is no order as to costs.
1. Delay condoned.
2. Special leave granted.
3. Having heard learned counsel for the parties, we are of opinion that the impugned judgment and order of the High Court do not show that the High Court applied its mind to all the material on the record in the light of the principles of law attracted to the case. Accordingly we allow the appeal, set aside the impugned judgment and order of the High Court and remand the case to the High Court for fresh consideration and disposal in accordance with law. We trust it will be possible for the High Court to dispose of the case expeditiously, if possible, within three months from today. We make it clear that we express no opinion on the merits of the case.
4. The appeal is disposed of accordingly. There is no order as to costs.
