Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 1908 – Or. VII r. 11 – Allowing of application u/Or.VII r.11 and rejection of Election petition by the High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908 – Or. VII r. 11 – Allowing of application u/Or.VII r.11 and rejection of Election petition by the High Court – Non-availability of the reasoned order – Appellant approached Supreme Court – Appellant pointed out that even after more than three months, the reasoned order is still not available to the parties – Held: An appeal, which could be preferred on the question of law or fact, would also remain an empty formality for the simple reason that neither determination of question of law nor determination of any question of fact by the High Court for the purpose of dealing with the application u/Or. VII r. 11 CPC is available to the parties – A party to the litigation cannot be expected to wait indefinitely for availability of the reasons for the order of the Court – The order passed by the High Court, deserves to be disapproved only for the reason that even until this date, the reasons for the said order are not available with either of the parties nor are available on the website of the High Court nor the copy of the order has been supplied despite the parties having made the applications seeking certified copy of the order – Impugned order set aside and the matter restored for reconsideration. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 1025 |
Petitioner | K. Madan Mohan Rao |
Respondent | Bheemrao Baswanthrao Patil & Ors. |
SCR | [2022] 7 S.C.R. 425 |
Judgement Date | 2022-09-26 |
Case Number | 6972 |
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