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2005 DIGILAW 1017 (SC)

DELHI, U. P. MADHYA PRADESH TRANSPORT CO. v. NEW INDIA ASSURANCE CO.

2005-05-06

ARUN KUMAR, B.P.SINGH

body2005
ORDER 1. Delay condoned. 2. We have heard counsel for the parties and also perused the order passed by the High Court. 3. Special leave granted. 4. We find that the regular first appeal has been dismissed by the High Court with an observation that having perused the evidence recorded before the trial court as also the impugned judgment of the trial court the High Court found no infirmity in the order. 5. Having heard counsel for the parties, we are of the view that the regular first appeal should not have been dismissed by such a cryptic order. If a first appeal deserves to be dismissed at the admission stage itself, some reasons however brief, must be recorded so that this Court may be able to appreciate the considerations, which weighed with the High Court in dismissing the appeal summarily. 6. This appeal is therefore allowed, and the matter remitted to the High Court with a direction to dispose of afresh the first appeal being RFA No. 508 of 2002 in accordance with law.