Those manning judicial tiers too commit errors: Supreme Court

The court set aside an order of the Orissa High Court which dismissed a suit in limine without assigning reasons

An appeal is a judicial examination to rectify any possible error in the order and the law provides the remedy of an appeal because of the recognition that those manning the judicial tiers too commit errors, the Supreme Court on Monday said.

A bench of Justices S Abdul Nazeer and Krishna Murari observed while setting aside an order of the Orissa High Court which dismissed a suit in limine (at the outset) without assigning reasons.

"An appeal is a judicial examination by a higher court of a decision of a subordinate court to rectify any possible error(s) in the order under appeal. The law provides the remedy of an appeal because of the recognition that those manning the judicial tiers too commit errors," the bench said.

The top court said once the High Court is satisfied, after hearing the appeal, that the appeal involves a substantial question of law, it has to formulate that question and direct issuance of notice to the respondent.

"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 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," the bench said.

The top court said in the instant case since the High Court has not assigned any reasons for the dismissal of the appeal and therefore the order needs to be set aside.

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