M S CHAUHAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This judgment and order of ours would dispose of this petition and the connected petition - CWP No. (sic)1790 of 1984, as common question of law arises in these petitions.

(2.) In order to appreciate the Controversy certain salient features may be noticed :-

(3.) The petition came up for motion hearing on 9th May, 1983. The contention raised before the Bench was that Rule 51 of the Rules did not authorise the dismissal of an appeal in limine, particularly by a non-speaking order. The Bench issued notice of motion to the respondents. In response to that notice, the respondents put in appearance and filed their replies. One of the pleas raised on behalf of the respondents was that the Rules not being statutory in nature, could not be relied upon. Considering that the matter involved in the petition was of some importance, the petition was admitted to hearing by a Division Bench. That is how we are seized of the matter.