Full Judgment Text
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CASE NO.:
Appeal (civil) 424 of 2008
PETITIONER:
STATE OF U. P. & ORS.
RESPONDENT:
WASIM AHMED
DATE OF JUDGMENT: 15/01/2008
BENCH:
TARUN CHATTERJEE & DALVEER BHANDARI
JUDGMENT:
JUDGMENT
O R D E R
(Arising out of S.L.P. (C)No. 11394 of 2006
1. Leave granted.
2. This appeal is directed against a final order dated
8th of December, 2005 passed by a Division Bench of the
High Court at Allahabad in First Appeal No. 306 of 2002,
by which the Division Bench of the High Court had
declined to interfere with the findings of the trial Court and
dismissed the appeal.
3. We have heard the learned counsel for the parties
and after going through the impugned order, we are of the
view that the impugned order cannot be sustained as it
appears to us that the Division Bench, while deciding the
appeal, has not at all applied its mind nor has considered
the points raised by the parties before it. The Division
Bench, while dismissing the appeal, had made the
following order :-
\023Sri Alok Kumar Singh submitted that although
nine issues were framed but the same were
decided in 33 lines only, therefore, the
judgment is bad. However, we have perused
the judgment and found that there is nothing
bad in the judgment
.
In view of above, the appeal lacks merit
and is, therefore, dismissed.\024
4. A perusal of this order would show that the Division
Bench, without going into the merits of the appeal and
without applying its mind, had dismissed the appeal only
by saying that on perusal, it was found that there was
nothing bad in the judgment. In our view, since the
appeal was a first appeal i.e. the appeal had to be
decided not only on law but also on facts, it was the duty
of the Division Bench to apply its mind and decide the
same in accordance with law after passing a speaking
and reasoned order.
5. For the reasons aforesaid, we are unable to sustain
the order of the Division Bench and accordingly, set aside
the judgment of the Division Bench of the High Court and
send it back to the High Court for a fresh decision in
accordance with law after giving hearing to the parties. It
is expected that the High Court shall decide the appeal
within two months from the date of communication of this
order to the High Court. No unnecessary adjournments
shall be granted to either of the parties.
6. The appeal is thus allowed to the extent indicated
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above with no order as to costs.