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Shamsher Singh v. Bindhyavasini Singh & Others - SPECIAL APPEAL No. 1054 of 2006 [2006] RD-AH 16082 (14 September 2006)


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CJ's Court

Special Appeal No. 1054 of 2006

Shamsher Singh          .....Appellant


Bindhyavasini Singh & others .....Respondents


Hon'ble Ajoy Nath Ray,CJ.

Hon'ble Ashok Bhushan,J

Although the impugned order before us  dated the 24th of August 2006 is only an interim order, it is set-aside and the appeal is allowed.  The matter is remanded for fresh consideration by his Lordship.

With due respect, the order does not follow an essential salutary principle which should be observed in these circumstances.  Whenever a substantive relief granting or relief  refusing interim order is passed, even if it is intended to  hold  only for a limited period of time, it is essential for the Hon'ble Single Judge to give  short and intelligible reasons as to why his Lordship felt persuaded, prima facie,  either to grant the relief or to withhold it, as the case might be.  The expression of the Hon'ble Single Judge's mind  serves at least two important purposes; first, the way his Lordship exercised his discretion, becomes known to the Court of appeal and according to the present state of law where reliefs are granted or withheld in a substantive way, the Court of appeal can almost always be approached.   The second important point is  that the  litigant public, who  are always waiting

and watching in the wings, will never get the  impression that they

have been the victim of an arbitrary or a capricious order passed by an  ordinary Court of law.  

No order as to costs.

Date 14.9.2006



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