State Road Tran. Corp. & Ors. Vs. Mohammed Momin  INSC 1451 (17
APPELLATE JURISDICTION CIVIL APPEAL NO.5548 OF 2009 (Arising out of
SLP(C)No.21226 of 2008) RAJASTHAN STATE ROAD TRAN.CORP.& ORS.
.....APPELLANT(S) VERSUS O R D E R Leave granted.
appears on behalf of the appellant.
heard learned counsel for the respondent and after going through the impugned
order, we are of the view that the High Court without deciding the case on
merits in which one of the question was whether the Civil Court has got
jurisdiction to entertain and try the suit or not has dismissed the appeal
summarily without passing a reasoned order and without applying its mind. That
being the position, we set aside the impugned order and the matter is remitted
back to the High Court for fresh decision in accordance with law. The High
Court is requested to dispose of the appeal within three months from the date
of supply of a copy of this Order to it.
is allowed to the extent indicated above. There will be no order as to costs.
.............................J. ( TARUN CHATTERJEE )
.............................J. ( R.M.LODHA )
AUGUST 17, 2009.