Suppression-based dismissal set aside as writ petition remitted for merits along with connected constitutional challenge.

The dismissal of the writ petition for alleged suppression of facts was set aside because the Court confined itself to the propriety of that technical ground and did not decide the underlying constitutional challenge. The matter, including the challenge to Section 3A of the Central Excise Act, 1944 and connected pending petitions, was remitted to the High Court for decision on merits along with the related cases.

---

---

Issues: Whether the High Court's dismissal of the writ petition on the ground of suppression of facts was liable to be set aside and the matter remitted for decision on merits.

Analysis: The dismissal rested on a technical suppression relating to an earlier writ petition and a later supplementary affidavit placed on record. The dispute also involved a challenge to the validity of Section 3A of the Central Excise Act, 1944, and similar petitions were stated to be pending before the High Court. The Court did not examine the merits of the constitutional challenge and confined itself to the propriety of the dismissal order.

Conclusion: The dismissal order was set aside and the writ petitions were remitted to the High Court for decision along with the connected pending matters.

---