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1988 Supreme(SC) 278
SUPREME COURT OF INDIA
A.P.Sen : L.M.Sharma
Navodaya Vidyalaya Samiti
Versus
Bhupinder Kaur
Case No. : of 1988
Date of Decision : 4/11/88
Headnote:
Constitution Of India,1950 – Article,226 - Civil Procedure Code, 1908 - Order VIII - Rule 10 - Explanation thereto - Appellant to file its rejoinder - Court find it rather difficult to sustain order passed by High court allowing the writ petition purporting to act Order rule Civil Procedure court regret to say that there is complete non-application of mind on the part of the High court –Held, It failed to appreciate that Code read with the Explanation thereto as inserted by Amending expressly makes the Code inapplicable to proceedings Art of Constitution - That being so writ petition has to be remitted to the High court for hearing afresh after notice to the parties - Appeal disposed
(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 underArt.226of 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.
