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Issues: Whether an order dismissing an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908, without dealing with the objections and without recording reasons, was liable to be quashed and the matter remanded for fresh consideration.
Analysis: An order passed on an application under Order 7 Rule 11 is required to be a speaking order. Where the court merely notices the objections but does not examine them or return findings on the questions raised, the order is cryptic and fails to disclose the judicial reasoning. Reasoned orders are an essential part of the administration of justice because they enable effective judicial review, assure the parties that their contentions have been considered, and maintain confidence in the adjudicatory process. A court cannot dismiss or allow such an application without recording its own reasons, even if briefly.
Conclusion: The impugned order was unsustainable and was quashed. The matter was remanded for fresh decision with directions to consider each objection and record findings thereon.