G M CONTRACTOR Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) In these Civil Appeals the respondents have filed miscellaneous petition praying that this Court may be pleased to permit them to raise the following additional ground:

(2.) It is stated that this ground goes to the very root of the matter but was not raised before the High Court. The appellant objected to this fresh ground being allowed to be taken up, but we consider that as this ground goes to the very root of the matter it should be allowed after the appellants are compensated by costs.

(3.) We further consider that we would like to have the assistance of the views of the High Court on the matter as important questions are involved. The High Court may allow the appellants herein to file counter-affidavits in reply to the ground raised and then after hearing the parties, forward its report to us.