Speaking order requirement in appellate disposal: unreasoned merits dismissal set aside and appeal remitted for fresh consideration.

A Division Bench order dismissing a special civil appeal for delay and on merits was found unsustainable because it contained no reasoned examination of the rival contentions. The SC held that an appellate order deciding merits without discussing the grounds urged by the parties is not a speaking order and cannot stand where the appeal requires consideration of the material on record. The impugned judgment was set aside, and the matter was remitted to the High Court for fresh disposal on merits.

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Issues: Whether the Division Bench order of the High Court, which dismissed the special civil appeal on delay and also on merits without discussing the rival contentions, could be sustained.

Analysis: The Court found that the Division Bench had not undertaken any real examination of the merits of the appeal and had recorded an adverse conclusion without discussing the grounds urged by the parties. An order that disposes of the matter on merits without a reasoned discussion is not a speaking order and cannot be sustained when the appellate challenge requires consideration of the material and the rival claims. Since the High Court proceeded in this manner, the proper course was to set aside the impugned order and restore the appeal for fresh decision.

Conclusion: The impugned judgment of the Division Bench was unsustainable and was set aside, and the matter was remitted to the High Court for fresh disposal on merits.

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