High Court Cannot Dismiss Second Appeal In Limine Without Assigning Reasons
Case: Hasmat Ali vs Amina Bibi and others
Coram: Justice S. Abdul Nazeer &Krishna Murari
Case No: Civil Appeal No. 7109 Of 2021
Court Observation: “Considering the submission made herein and going through the question of law, this Court does not find any question of law for admitting the Second Appeal for which the Second Appeal stands dismissed”.
“In case the appeal does not involve any substantial question of law, the High Court has no other option but to dismiss the appeal. However, in order to come to a conclusion that the appeal does not involve any substantial of law, the High Court has to record the reasons. Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted. The Court must display its conscious application of mind even while dismissing the appeal at the admission stage. In our view, the High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion”.
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