Singh Vs. Jaspal Kaur  INSC 589 (22 April 1996)
A.S. (J) Anand, A.S. (J) Majmudar S.B. (J)
1996 SCC (4) 461 1996 SCALE (4)326
O R D
have heard learned counsel for the parties and examined the record.
appellant had raised a specific plea in the executing court regarding the non-attachability
of his residential house in view of the provisions of Section 60 (CCC) C.P.C.
The executing court has not dealt with the issue and the High Court, also did
not deal with that question and dismissed the civil revision petition by one
word "dismissed". In our opinion, since the parties were present
before the High Court in the civil revision, on the plainest consideration of
justice, it should have assigned reasons for dismissing the civil revision
petition against the order of the executing court. The absence of reasons has
deprived this court to know the circumstances which weighed with the High Court
to dismiss the revision petition in limine. We say it with respect, that it was
an unsatisfactory method of disposal of the revision petition.
necessity to provide reasons, howsoever, brief in support of its conclusion is
too obvious to be reiterated.
to give reasons introduces clarity and excludes, or at any rate minimizes the
chances of arbitrariness and the higher forum can test the correctness of those
order of the High Court dismissing the civil revision petition, in-limine,
thus, cannot be, sustained. We, accordingly, accept this appeal and set aside
the order of the High Court and remand the civil revision petition No.2064/91
to the High Court for its disposal in accordance with law, after hearing the
parties, We, however, clarify that we. are expressing no opinion on the merits
of the civil revision petition.
appeal is accordingly allowed in the above terms.
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