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1994 DIGILAW 1223 (SC)

Sukhdeo Prasad Yadav v. Sangit Prasad Singh

1994-11-07

K.JAYACHANDRA REDDY, M.M.PUNCHHI

body1994
JUDGMENT : Leave granted. 2. The respondents have been served but no one has put in appearance on their behalf. We have heard learned counsel for the appellant. After hearing him we take the view that the High Court was in error in dismissing the Regular Second Appeal in limine without passing a speaking order. Fairly arguable points apparently raising some questions of law were available to be settled by the High Court. We, therefore, grant leave and in the next breath set aside the impugned order of the High Court remitting the matter back to it for fresh consideration. The appeal stands allowed in those terms. Appeal allowed.