1974 INSC 0120
                                           Kondabai Kunkalika Salunke

                                                           Vs

                                       Shrimant Chintamanrao and Others

                                          Civil Appeal No. 536 of 1974

                                          (M. H. Beg, R. S. Sarkaria JJ)

                                                      25.03.1974

                                                     JUDGMENT

BEG, J. -

1. The only question in this appeal by special leave granted by us last week is whether the
application dated February 8, 1973, praying for the setting aside of the abatement of the Second
Appeal No. 1110 of 1968 and for condoning the delay in applying for the setting aside of the
abatement, filed in the High Court of Bombay, should have been dismissed outright without issuing
a notice to the respondents, by a single-word order, "rejected" passed on March 8, 1973.

2. After having been taken through the application, we think that the applicant had stated matters
which required to be satisfactorily controverted before such an application could be dismissed. Even
in cases where such an application is dismissed for some patent infirmity, the Court concerned
should, in our opinion, give its reasons for the dismissal. Such orders are judicial orders subject to a
final appeal, for exceptional reasons to this Court. We think that in a case whereupon such as
application is dismissed without issuing any notice to the respondents and without stating any
reasons at all for the dismissal, a good enough case is made out for the exercise of the jurisdiction of
this Court, to interfere, under Article 136 of the Constitution. Consequently we set aside the order of
dismissal dated March 8, 1973, and send back the case to the High Court of Bombay for disposal in
accordance with law. The parties will bear their own costs. The stay order passed by this Court will
remain in operation for a period of two weeks more from today.

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