Full Judgment Text
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PETITIONER:
FAUJA SINGH
Vs.
RESPONDENT:
JASPAL KAUR
DATE OF JUDGMENT: 22/04/1996
BENCH:
ANAND, A.S. (J)
BENCH:
ANAND, A.S. (J)
MAJMUDAR S.B. (J)
CITATION:
1996 SCC (4) 461 1996 SCALE (4)326
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel for the parties and
examined the record.
The appellant had raised a specific plea in the
executing court regarding the non-attachability of his
residential house in view of the provisions of Section 60
(CCC) C.P.C. The executing court has not dealt with the
issue and the High Court, also did not deal with that
question and dismissed the civil revision petition by one
word "dismissed". In our opinion, since the parties were
present before the High Court in the civil revision, on the
plainest consideration of justice, it should have assigned
reasons for dismissing the civil revision petition against
the order of the executing court. The absence of reasons has
deprived this court to know the circumstances which weighed
with the High Court to dismiss the revision petition in
limine. We say it with respect, that it was an
unsatisfactory method of disposal of the revision petition.
The necessity to provide reasons, howsoever, brief in
support of its conclusion is too obvious to be reiterated.
Obligation to give reasons introduces clarity and excludes,
or at any rate minimizes the chances of arbitrariness and
the higher forum can test the correctness of those reasons.
The order of the High Court dismissing the civil revision
petition, in-limine, thus, cannot be, sustained. We,
accordingly, accept this appeal and set aside the order of
the High Court and remand the civil revision petition No.
2064/91 to the High Court for its disposal in accordance
with law, after hearing the parties, We, however, clarify
that we. are expressing no opinion on the merits of the
civil revision petition.
The appeal is accordingly allowed in the above terms.
No Costs.
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