AIR 1966 GUJARAT 264 ::(1966) 7 GujLR 208 ::ILR (1966) Guj 80

Gujarat High Court

Hon'ble Judge(s): N. K. Vakil , J

(A) Civil P.C. (5 of 1908) , O.41 R.11, O.41 R.31— Bombay High Court Circular , R.410— Circular Rule No. 410 is not in conflict with O.41, R.11 Civil P.C. and is binding on the subordinate courts - Judgment and decree shall be drawn up when appeal is dismissed summarily under O.41, R.11. Though Rule 31 of O. 41 of Civil P.C. is not applicable when the appellate court exercises summary powers under R. 11 of the same order, circular Rule No. 410 made by the Bombay High Court enjoins on such court to record a brief judgment stating the reasons for dismissal of the appeal and to draw up a formal decree. The circular Rule 410 is not in conflict with the statutory provisions of R. 11 of O. 41 which is silent as to whether a judgment in writing shall be passed or not and whether reasons for such summary dismissal be given or not. Hence, the Circular Rule 410 is binding on the subordinate courts concerned and any order passed by any subordinate court contrary to its provisions is liable to be set aside by the High Court. The Circular Rule 410 has been based apparently on the canons of natural justice that ordinarily the parties are entitled to know why their claim or their matter has been rejected and how the contentions raised by them are not acceptable to the authority. This is much more so where the matter is appealable so that before the appellate....