Case Law Details
K. Madan Mohan Rao Vs Bheemrao Baswanthrao Patil & Ors. (Supreme Court of India)
In the present case, the position obtaining at present is that even after more than three months from pronouncement of the order by the High Court, the reasons are not forthcoming and are not available with either of the parties. Looking to the nature of litigation and the overall circumstances, we find it difficult to countenance this position.
Even if we take into consideration the submissions made on behalf of the respondents about availability of the remedy of appeal to this Court, in our view, such an appeal, which could be preferred on the question/s 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 under Order VII Rule 11 CPC is available to the parties. In continuity to this, we are constrained to observe that a party to the litigation cannot be expected to wait indefinitely for availability of the reasons for the order of the Court. Moreover, when the matter relates to the election petition under the Act of 1951, which itself is a time-sensitive matter, we find no reason that the appellant be relegated to the statutory remedy of appeal under Section 116A of the Act of 1951 in this case.
Having said so, we do not propose to dwell on the merits of the case for the fair stand taken on behalf of the contesting respondent by the learned senior counsel after taking instructions that the respondent is ready and prepared to argue the matter afresh before the High Court, if the order impugned is not approved by this Court.
For what has been observed and discussed hereinabove, we are clearly of the view that the order dated 15.06.2022, as said to have been passed by the High Court in disposal of the application under Order VII Rule 11 CPC, 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.
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