Reasoned adjudication on merits required where an appeal is wrongly treated as a second appeal and submissions are ignored.

A judgment cannot stand where the High Court proceeds on the mistaken premise that an appeal is a second appeal when the record shows it was a first appeal, and where it gives no consideration to the parties' submissions or reasons for its conclusions. Such an order is not a proper adjudication on merits. The Supreme Court set aside the High Court judgment and remanded the matter for fresh decision on merits after giving all parties due opportunity of hearing.

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Issues: Whether the High Court judgment could be sustained when it proceeded on the assumption that the matter before it was a second appeal, and when it disclosed no consideration of the appellants' submissions or reasons for its conclusions.

Analysis: The impugned judgment proceeded on an incorrect premise as to the nature of the appeal and treated the matter as a second appeal, although the record showed that it was a first appeal. The judgment also failed to deal with the submissions urged before the High Court and did not disclose the reasons supporting the conclusions recorded. Such an order could not be treated as a proper adjudication on merits.

Conclusion: The High Court judgment was unsustainable and was set aside. The matter was remanded to the High Court for fresh decision on merits after giving due opportunity of hearing to all parties.

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