ORDER : K. Jagannatha Shetty, J. 1. Special leave granted. Heard Counsel on both sides and perused the material. We are satisfied that there is no proper consideration of the questions involved in the case. The High Court has found fault with the pleadings and the evidence stating that they are bald, but we find that observation is not wholly justified. It seems to us that it is proper that there shall be fresh consideration according to law. Therefore, the appeal is allowed and the order of the High Court is set aside. The matter stands remitted to the High Court for fresh disposal in accordance with law.