KANTESHWARI TEWARI Vs. BADRI PRASAD

JUDGEMENT

(1.) S. N. Srivastava, J. The subject matter of impugnment before the Apex Court in Special Leave Petition was the order dated 7-10-2004 passed by this Court whereby second appeal was restored to its original number. The order of the Apex Court dated 16-1- 2006 is excerpted below : "having heard the learned Counsel for the parties, we are of opinion that the impugned order having not been taken into consideration, the past conduct of the respondent and furthermore not being a speaking order, the High Court should consider the matter afresh, particularly in view of the fact that the second appeal was filed on 1-4-1983, the special leave petition is disposed of with the aforementioned observations. "

(2.) THE quintessence of the aforesaid order passed by the Supreme Court is that this Court did not reckon with the past conduct of the respondent and further that the order restoring the second appeal was not a speaking order.

(3.) I have heard learned Counsel for the parties and have also been taken through the record.