1. Appeal dismissed by High Court under Order XLI Rule 11 of the Code of Civil Procedure without recording reasons. (Para 2 )
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2000 Supreme(SC) 1038
2000(7) Supreme 76
SUPREME COURT OF INDIA
K.T. Thomas & R.P. Sethi, JJ.
Jayanmti De and Anr. -Appellants
versus
Abani Kanta Barat & Ors. -Respondents
Civil Appeal No. 3379 of 2000
(Arising out of SLP (C) No. 15446 of 1999)
Decided on 11-5-2000
IMPORTANT POINT
Even while dismissing appeal under Order 41 Rule 11 sub Rule 4 CPC, High Court can not avoid to record any reason whatsoever.
Headnote:Civil Procedure Code, 1908-Order 41 Rule 11(4)-Dismissal of appeal by High Court under the provision-Though High Court is not required to record grounds for doing so, it would not enable appellate Court to avoid recording any reason whatsoever-Impugned order dismissing appeal without stating reasons was liable to be set aside. (Para 3)
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2. Dismissal under Order 41 Rule 11 does not permit an appellate court to avoid recording reasons when the appeal requires consideration on merits. (Para 3 )
3. Order 41 Rule 11 of the Code of Civil Procedure is not a carte blanche for appellate courts to dismiss appeals without recording any reasons. (Para 3 )
4. Impugned order set aside and appeal remitted to the High Court for disposal on merits with reasons. (Para 3 )
5. Does Order 41 Rule 11 of the Code of Civil Procedure exempt an appellate court from recording reasons for dismissal?
No. Although Sub-rule (4) may not require a brief record of grounds, it does not grant the court absolute authority to avoid recording any reason whatsoever, particularly when the appeal warrants consideration on its merits. (Para 3 )
ORDER
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 consideration 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.
The appeal is disposed of accordingly.
Appeal allowed. Matter remitted.
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Parallel Citaions of other Journals :
Jayanmti De and Anr. v. Abani Kanta Barat & Ors., 2000(7) Supreme 76 : 2000 (8) JT 264 : 2000 (4) CCC 146
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