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. State of Punjab and Others v. Jagdev Singh Talwandi (1984) 1 SCC 596 : [1984] 2 SCR 50 – followed.
Anil Rai v. State of Bihar (2001) 7 SCC 318 : [2001] 1 Suppl. SCR 298 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.