ORDER 1. Heard the parties. 2. The trial court refused divorce decree to the husband on a finding that a case of cruelty was not proved. When the matter was taken to the High Court in appeal, an attempt was made for reunion and as the same failed, the High Court reversed the decree passed by the trial court and granted divorce decree on the ground of cruelty, which was the only ground urged for grant of divorce decree, without reversing the finding of the trial court on the question of cruelty. In our view, the High Court should have considered the evidence adduced on behalf of the parties on the ground of cruelty before a proceeding to dispose of the appeal. The same having not been done, the impugned order suffers from serious legal infirmity. 3. Accordingly, the appeal is allowed, the impugned order rendered by the High Court is set aside and the matter is remitted to the High Court to dispose of the appeal in accordance with law after giving opportunity of hearing to the parties. No costs.