The judgment of the court was delivered by
SHAH J.--We find that the High Court has not passed any
speaking order in disposing of the application. We have held in several cases
that the High Court normally would not be justified in rejecting an application
for an order calling for a statement of the case, after rule has been issued,
without recording reasons in support of the order.
The appeal is allowed, the order of the High Court is set
aside and the case is remanded to the High Court for disposal in accordance with
law. There will be no order as to costs.
Appeal allowed. Case remanded