Case Note & Summary
The appellant, M/s. Navhind Papers and Publication Ltd., a newspaper publisher, filed a suit against the respondents, Akshar Enterprises and its proprietor, for recovery of Rs.4,89,273/- due for advertisements published. The trial court dismissed the suit on the ground that the advertisements were not placed on record. The appellant appealed to the Lower Appellate Court, which dismissed the appeal by judgment dated 30.06.2016 without hearing oral arguments and without adequately considering the written submissions. The appellant then filed a second appeal before the Bombay High Court at Goa. The High Court admitted the appeal on the substantial question of law whether the Lower Appellate Court's judgment was vitiated for failure to examine all submissions and for not providing an opportunity for oral hearing. The High Court found that the Lower Appellate Court had not considered the appellant's contention that the respondents did not challenge the publication of advertisements in their written statement. The High Court held that the Lower Appellate Court's judgment was not a reasoned one and that the failure to consider submissions and deny oral hearing amounted to a procedural irregularity. Consequently, the High Court set aside the Lower Appellate Court's judgment and remanded the matter for fresh disposal in accordance with law, directing the Lower Appellate Court to hear the parties and pass a reasoned judgment.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Failure to Consider Submissions - The Lower Appellate Court dismissed the appeal without considering all contentions raised in written arguments and without affording oral hearing - Held that such procedural irregularity vitiates the judgment and warrants remand for fresh disposal (Paras 2-5).
Issue of Consideration
Whether the Lower Appellate Court's judgment dismissing the appeal was vitiated for failure to examine all submissions advanced in written arguments and failure to give an opportunity to the parties to advance oral submissions.
Final Decision
The High Court allowed the appeal, set aside the Lower Appellate Court's judgment dated 30.06.2016, and remanded the matter for fresh disposal in accordance with law, directing the Lower Appellate Court to hear the parties and pass a reasoned judgment.
Law Points
- Appellate court must consider all submissions
- opportunity for oral hearing
- reasoned judgment
- procedural fairness
