# STATE OF RAJASTIIAN v. LEELA JAIN

- **Citation:** [1965] 1 S.C.R. 276
- **Court:** Supreme Court of India
- **Decided:** 1964-09-16
- **Case number:** CIVIL APPELLATE JURISD!CllON : Civil Appeal No. 245 of 1962
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/state-of-rajastiian-v-leela-jain-3304
- **Pages:** 11

## Headnote

276
STATE OF RAJASTIIAN
v.
LEELA JAIN
September 16, 1964
(A. K. SARKAR, N. RAJAGOPALA AYYANGAR AND
R. S. BACHAWAT
0 JJ.)
Raiastlian City Mtmicipe1l Appeals (Regula1ion) Act (3 of 1950).
1·
4( I), provUo--State Government-Revisional Jurisdic1ion--Scopt of.
The respondent made certain constructions on her land in the city of
J:1ipur.
Those constructions were in variation of the plans approved by
lhc
Municipality.
As they were completed in spite of an order by the
President of the Municipal Board to stop unauthorised constructions. he
ordeced the matter to be compounded by the respondent paying a fine.
No appeal was provided by the Jaipur Municipal Act against such an
order, and so, a neighbour, who was affected by the constructions moved
the Slate Government and the latter, acting under the pro><iso to a. 4(1)
of the Rajasthan City Municipal Appeals (Regulation) Act, 1950, set
a>idc the order of the President. The respondent then moved the High
Court under Art. 226 o( the Constitulion and the High Court held that
the order of the President was not subject to the rcvisional jurisdiction
of 1he Stale
Government. The State thereupon. appealed to lhe Supr1:me Court.
HELD : The appeal should be allowed.
The main purpose of the Act is 10 crea1e a uniform forum for
dealing with municipal appeal•,
that is, appeals lying under a municipal
la"' to an authority other than a municipal authority, because such appeJls, when provided for, lay to different authorities in different cities
of the Stale of Rajasthan.
Under s. 3 of the Act the appeal, if provided
for. wa.< to he dispa.ed of by the Commissioner. The order of the Commissioner and the order of a municipal authority, where no appeal was
provided for as in the instant case, would be final subject to revision
by the State Government under the proviso to s. 4( 1) of the Act.
II
would not he proper, when the words of the statute are clear, to take
lhe preamble and the long 1itle into consideration and come to the conclusion that it could not have been intended to permit the Government
10 interfere in municipal affairs, especially when such an
interpretation
h.- 1hc effect of omilling or deleting the words "order passed by a
!itf unicipat authority" in the proviso, when they have a meaning and
significance in their normal connotation. [278H; 281E. H; 282C-F; 283H;
235B-D].
CIVIL APPELLATE JURISD!CllON : Civil Appeal No. 245 of
1962.
Appeal by special leave from the judgment and order dated
November 7, 1958 of the Rajasthan High Coun in D. B. Civil
A
B
c
D
E
F
Writ Peti1ion No. 65 of 1957.
u
M. M. Tewari. K. (. Jain and R. N.
Sachthey, for the
appellant.
..
....
A
STATE v. LEELA JAIN (Ayyangar I.)
277
S. P. Sinha, V. Kumar and Naunit Lal, for respondent No. 1.

## Text

276
STATE OF RAJASTIIAN
v.
LEELA JAIN
September 16, 1964
(A. K. SARKAR, N. RAJAGOPALA AYYANGAR AND
R. S. BACHAWAT
0 JJ.)
Raiastlian City Mtmicipe1l Appeals (Regula1ion) Act (3 of 1950).
1·
4( I), provUo--State Government-Revisional Jurisdic1ion--Scopt of.
The respondent made certain constructions on her land in the city of
J:1ipur.
Those constructions were in variation of the plans approved by
lhc
Municipality.
As they were completed in spite of an order by the
President of the Municipal Board to stop unauthorised constructions. he
ordeced the matter to be compounded by the respondent paying a fine.
No appeal was provided by the Jaipur Municipal Act against such an
order, and so, a neighbour, who was affected by the constructions moved
the Slate Government and the latter, acting under the pro><iso to a. 4(1)
of the Rajasthan City Municipal Appeals (Regulation) Act, 1950, set
a>idc the order of the President. The respondent then moved the High
Court under Art. 226 o( the Constitulion and the High Court held that
the order of the President was not subject to the rcvisional jurisdiction
of 1he Stale
Government. The State thereupon. appealed to lhe Supr1:me Court.
HELD : The appeal should be allowed.
The main purpose of the Act is 10 crea1e a uniform forum for
dealing with municipal appeal•,
that is, appeals lying under a municipal
la"' to an authority other than a municipal authority, because such appeJls, when provided for, lay to different authorities in different cities
of the Stale of Rajasthan.
Under s. 3 of the Act the appeal, if provided
for. wa.< to he dispa.ed of by the Commissioner. The order of the Commissioner and the order of a municipal authority, where no appeal was
provided for as in the instant case, would be final subject to revision
by the State Government under the proviso to s. 4( 1) of the Act.
II
would not he proper, when the words of the statute are clear, to take
lhe preamble and the long 1itle into consideration and come to the conclusion that it could not have been intended to permit the Government
10 interfere in municipal affairs, especially when such an
interpretation
h.- 1hc effect of omilling or deleting the words "order passed by a
!itf unicipat authority" in the proviso, when they have a meaning and
significance in their normal connotation. [278H; 281E. H; 282C-F; 283H;
235B-D].
CIVIL APPELLATE JURISD!CllON : Civil Appeal No. 245 of
1962.
Appeal by special leave from the judgment and order dated
November 7, 1958 of the Rajasthan High Coun in D. B. Civil
A
B
c
D
E
F
Writ Peti1ion No. 65 of 1957.
u
M. M. Tewari. K. (. Jain and R. N.
Sachthey, for the
appellant.
..
....
A
STATE v. LEELA JAIN (Ayyangar I.)
277
S. P. Sinha, V. Kumar and Naunit Lal, for respondent No. 1.
The Judgment of the Court was delivered by
Ayyangar J.
A very short question regarding the proper
construction of the proviso to s. 4( 1) of the Rajasthan City
B Municipal Appeals (Regulation) Act, 1950, is involved in this
appeal which comes before us by virtue of special leave granted
by this Court.
The facts giving rise to this appeal are briefly these : The
respondent Mrs. Leela Jain is the owner of a plot of land in the
C city of Jaipur. Under,the relevant provisions of the city of Jaipur
Mun!cipal Act, 1943, she was required to submit to the Municipal
Council plans for erecting constructions on her plot, obtain their
approval and make the constructions in accordance with the
~auctioned plans. She submitted her plans, which were sanctioned
D
but it was stated that during the course of the constructions she
made certain variations from the plan as approved by the Municipal
authorities. A neighbour of hers, one D. D. Goswami, alleged that
the variations made by the respondent in carrying out the con-
. structions of her house prejudicially affected him. On the basis of
his representation the Municipal Council initiated an inquiry as
E a result whereof a report was submitted to it in which a findin~
was recorded that the respondent had effected variations from the
sanctioned plan.
The President of the Municipal Board conconsidered the report and passed an order on September 19, 1956
directing the respondent to stop the unauthorised constructions
immediately.
It was stated that notwithstanding this order the
F
respondent continued the constructions
and completed them.
When this was brought to the notice of the Municipal authorities,
an order was passed that action be taken against her under s. 210
of the City of Jaipur Municipal Act, 1943. This section provides
that where an owner or occupier was required to execute any work
?rnder the provisions of the Act and a default was made in the
G execution thereof, the Municipal Board might cause such work
to be executed and the expenses incurred thereby to be recovered
from the person in default. It is not very clear from the record
what exactly was the work which the respondent was directed t0
carry out and which she failed to execute. The only thing that is
necessary to be noticed is that thefe existed an order under s. 210
H
passed on September 26, 1956. Representations were made by
the respondent to the President of the Municipal Council and
thereupon, by an order dated October 24, 1956. the President
L2Sup./64-5
278
SUPREME COURT REPORTS
[1965) I S.C.R.
ordered that the case against the respondent be compounded by
A
her paying to the Municipal Council a sum of Rs. IOI as fine.
It is stated that the respondent paid this fine, but the fact of her
having done so is apparently a matter of some controversy to
which it is not necessary to refer.
Shri D. D. Goswami, the respondent's neighbour, felt aggrieved
B
by this order compounding the violation of the building bye-laws.
No appeal was provided by the Jaipur Municipal Act from such
an order, but he moved the State Government to set aside that
order and the latter purporting to exercise jurisdiction under the
proviso to s. 4 of the Rajasthan City Municipal Appeals (Regulation) Act, 19 50 (to which we shall hereafter refer as the Act)
C
set aside the order of the President of the Municipal Council.
The respondent thereupon invoked the jurisdiction of the Rajasthan High Court under Art. 226 of the Constitution of India
for issue of a writ of certiorari to quash this order of the State
Government. Though several contention~ were rafsed by the
respondent in support of her plea regarding the invalidity of the
D
impugned order of the State Government, the learned Judges of
the High Court confined their attention to one of the points raised
that the order of the President of the Municipal Council which
was final and not subject to appeal under the City of Jaipur
Municipal Act was not subject to the revisional jurisdiction of
the State Government under the proviso to s. 4 (1 ) of the Act.
E
The learned Judges of the High Court accepted this contention and
acceded to the Writ Petition and pa~sed an order as prayed for.
The appellant-State having obtained special leave from this Court.
has preferred this appeal.
In order to appreciate the contentions urged before us relating
F
to the construction of the proviso to s. 4 of the Act, it is necessary
to read the main provisions of the Act. It is a short Act containing
5 sections. The long title states that it wa' enacted "to provide
for and secure uniformity in the forum for Municipal armeals
pertaining to the cities of Rajasthan." Its preamble carries out
what is stated in the long title and it runs "Whereas it is exoedient
G
to provide for and secure uniformity in the forum for Municioal
aopcals in the different cities of Raja,than." The different cities.
it may be noticed, include inter alia, the city of Jaipur with which
we are concerned. The main purpose of the Act is, as recited in
the oreamble and the· 1ong title, to create a uniform forum for
entertaining and dealing with Municipal appeals which Jay to
H
· different authorities in the several separate Municinal enactments
in force in the different cities within the State of Rajasthan.
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STATE v. LEELA .JAIN (Ayyangar I.)
27 9
The officer or authority designated by the Act as the forum
for hearing appeals is the Commissioner and the expression
"Commissioner" is defined in s. 2 which contains definitions of
the terms used in the Act, as meaning "Commissioner or Additional Commissioner of the Division within the local limits whereof
a Municipal authority exercises jurisdiction".
The "Municipal
appeals" for which a forum is being provided is, by the Act,
treated as a technical term. and is defined in s. 2(iii) as meaning
"an appeal from an order of a :fyiunicipal authority lying under
any Municipal law to any officer or authority other than a Municipal authority"; in other words, by "Municipal appeal" is meant
an appeal lying under a Municipal law to an outside authority,
i.e., some designated officer of the Government.
Sections 3 and 4 have a vital bearing on fP.e rival constructions
submitted to us by either side and therefore it is necessary to set
them out:
"3. First Municipal appeals. (1) Notwithstanding
anything contained in any Municipal law, wherever such
law provides for a Municipal appeal, the appeal shall,
subject to the time-limit prescribed therefor by such law,
lie to and be brought before the Commissioner.
(2) All Municipal appeals pending at the com·
mencement of this Act before any officer or authority
other than the Commissioner shall be transferred to
the Commissioner for disposal.
(3) In any Municipal appeal under this section, the
Commissioner shall proceed in the manner provided for
such appeal in the Municipal law applicable thereto and
the decision thereon of the Commissioner, shall subject
to the provisions of ss. 4 & 5, be final and conclusive.
( 4) When an appeal under this section is pending at
the commencement of this Act or has been thereafter
preferred, all proceedings to enforce the order appealed
against and all prosecutions for a breach thereof may,
by order of the Commissioner be suspended pending
the decision of the appeal.
4. Second Municipal appeals and revisions. ( 1)
Notwithstanding anything contained in any Municipal
Law, no Municipal appeal shall Ue from any order
passed in appeal under section 3' :
280
SCPREME COURT REPORTS
[1965] I S.C.R.
Provided that the Government may, of its own motion
or on the application of a Municipal authority or of any
aggrieved person call for the record of any case for the
purpose of satisfying itself as to the correctness, legality
or expediency of any order passed by a Commissioner or
a Municipal authority and may pass such orders therein
as the Government may consider fit and reasonable.
(2) Any Municipal appeals from orders made in
appeal by any officer or authority other than a Municipal
authority, pending at the commencement of this Act, shall
be transferred to the Government and be disposed of in
accordance with the proviso to sub-sec. (I ) .
( 3) The provisions of sub-section ( 4) of s. 3 shall
mutatis m11ta11dis apply also to appeals and applications
under this section."
Section 5 contains merely a saving and though not very relevant
in the present context, we may quote it for completeness :
"5. Saving. Nothing in this Act shall affect
any
power other than the power to entertain, hear and
determine municipal appeals, vested in the Government
by any Municipal law."
The controversy between the parties rests on the meaning and
effect of the expression "or a municipal authority" occurring in the
proviso to s. 4.
It may be mentioned that the expression "a
Municipal authority" is defined in s. 2(iv) of the Act and it is
common ground that on that definition the President of the
Municipal Council who passed the order which was set aside by
the State Government was a Municipal Authority.
Before considering the arguments addressed to us it would
be rnnvcnient to briefly advert to the reasoning by which the
learned Judges held that the State Government had no jurisdiction
to entertain the revision against the order of the Chairman of the
Municipal Council which, as stated already, wa~ not under the
provisions of the City of Jaipur Municipal Act subject to aa
appeal either to a Municipal authority or to an out~ide party.
In the first place, the learned Judges considered that the long title,
the preamble and the operative portion of the enactment Olher
than the crucial words of the proviso all pointed to the enactment
not being intended to alter the substantive rights of partiC!I but
only to provide a new forum for entertaining and disposing appeals
which already existed under the relevant Municipal enactments.
If, as was admitted, an order of the President of the Municipal
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STATE v. LEELA JAIN (Ayyangar J.)
281
A Council compounding an offence against a Municipal bye-law was
under the City of Jaipur Municipal Act final and not subject to
an appeal or any other kind of interference, they held that it could
not be the intention of the Act to confer a right on the Government to interfere with such orders. This, one might say, proceeds
on the textual construction of the Act. The other line of reasonB ing which according to the learned Judges pointed to the same
conclusion was that the City of Jaipur Municipal Act was
intended to confer on the inhabitants of the Municipal area and
their representatives on the Municipal Council the right of local
self-Government and it was inconsistent with that basic eoncepC tion to read the Act as making such an inroad on local autonomy
as to permit the Government to interfere in cases where under the
Municipal Act an order was final and immune from challenge.
It would, however, be seen that the construction adopted by the
learned Judges does not give any effect to the words 'or other
municipal authorities' in the proviso and, in fact, on their interD pretation the words had no meaning and in reality, though not in
terms, have been rejected as inconsistent With the theory of the
local self-Government.
1 With due respect to the learned Judges we do not find it
possible t'o agree that it is permissible to omit or delete words
E from the operative part of an enactment, which have meaning
and significance in their normal connotation merely on the ground
that according to the view of the Court it is inconsistent With the
spirit underlying the enactment. Unless the words are unmeaning
or absurd, it would not be in accord with any sound principle
of construction to refuse to give effect to the provisions of a statute
F on the very elusive ground that to give them their ordinary meaning
leads to consequences which are not in -accord with the notions
of propriety or justice entertained by the Court. No doubt, if
there are other provisions in the statute which conflict with them,
the Court may prefer the one and reject the other on the ground
of repugnance.
Surely, that is not the position here.
Again,
G when the words in the statute are reasonably capable of more
than one interpretation, the object and purpose of the statute, a
general conspectus of its provisions, and the context in which
they occur might induce a court to adopt a more liberal or a
more strict view of the provisions, as the case may be, as being
more consonant with the underlying purpose.
But we do not
H consider it possible to reject words used in an enactment merely
for the reason that they do not accord with the context in which
they occur, or with the purpose of the legislation as gathered from
282
SUPREME COURT REPORTS
(1965] I 5.C.R.
the preamble or long title. The preamble may, no doubt, be llSOO
A
to solve any ambiguity or to fix the meaning of words which may
have more than one meaning, but it can, however, not be used to
eliminate as redundant or unintended, the operative provi!ions
of a statute. Besides, if one strictly appl\ed this rule of interpretation that the Act did not intend to make provision for nothing
except a forum for appeals-the whole of the proviso· even where
it provided for revisions against the orders of a Commissioner,
must be rejected as travelling beyond the long title
and the
preamble, for in neither of them is reference made to revisions.
B
We do not therefore consider that in the case of the Act under
consideration, it would
be possible
to· reject the words "or a c
municipality authority'' by reference to the preamble and the long
title.
Coming next to the words used, we start with the position that
under s. 3 of the Act, appeals from Municipal authorities to outside authorities which are designated "Municipal appeals" by the
Act arc to be filed before and disposed of only by the CommisD
sioner. If any appeals were pending before authorities designated
by the several Municipal enactments, they were directed to be
transferred to the Commissioner and to be disposed of by him
[Sec, 3 (2) ].
.
Then comes section 4 ( I) by which the finality of the orders
E
of the Commissioner declared by s. 3 ( 3) was repeated and reinforced by the use of the words "notwithstanding anything contained in any Municipal law", even where a second appeal
or other proceeding had been permitted by the Municipal law
against orders of an outside authority passed in Municipal
appeals as defined by s. 2 ( 3 ) of the Act. But this finality was
F
not absolute as indicated by s. 3 ( 3) but could be imperilled by
a revision to a State Government. This i~ effected by the provi~o
to s. 4( I) and if the learned Judges of the High Court are right,
the proviso has done nothing more.
The question for our consideration is whether any effect can
or should be given to the words "the Government may on its own
G
motion or on the application of a Municipal authority or of any
aggrieved person call for the record of any case.
. for
the purpose of considering the correctness.
of any
orders pa~sed by.
. a M unicipa/ authority".
Before
entering on a discussion of this question it might be convenient to
put aside the arguments addressed to us by the learned Counsel
H
for the respondent that these words occurring as they do in a
proviso are to be construed differently from what they would
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STATE v. LEELA JAIN (Ayyangar ].)
283
have been if they occurred as an independent provision. This, to
some extent, also figures as part of the reasoning of the learned
Judges of the High Court who have cited a few decisions one of
which was of the Privy Council and the other of this Court in
which the construction of a proviso came up for consideration.
These cases may be thus summarised. In some of them a question
has arisen as to whether the terms of a proviso could be called in
aid to determine the scope of the main part to which it is a proviso.
This approach and its limitations need not detain us, for obviously
that is not the principle that arises for examination in the case
before us. There are other decisions to which learned Counsel for
the respondent drew our attention in which the question to be
considered was whether the proviso was really redundant i.e.,
enacted ex abundanti cautela. No such principle arises for consideration in the proviso before us either. So far as a general principle
of construction of a proviso is concerned, it has been broadly
stated that the function of a proviso is to limit the.. main part of
the section and carve out something which but for the proviso
would have been within the operative part.
It is obvious that
this is not the function of the proviso to s. 4 (1) of the Act, for
the operative words in the main part of s. 4(1) prohibit all
appeals from the appellate orders of the Commissioner.
The
primary purpose of the proviso now under consideration is, it is
apparent, to provide a substitute or an alternative remedy to that
which is prohibited by the main part of s. 4( 1). There is, therefore, no question of the proviso carving out any portion out of
the area covered by the main part and leaving the other part
unaffected. What we have stated earlier should suffice to establish
that the proviso now before us is really not a proviso in the
accepted sense but an independent legislative provision by which
to a remedy which is prohibited by the main part of the section,
an alterpative is provided. It is, further, obvious to us that the
proviso is not co-extensive with but covers a field wider than the
main part of s. 4(1 ). If its function were only to provide a remedy
alternative to a further appeal from the orders of the Commissioner and no more and that is the contention of the learned
Counsel for the respondent, the words "of any order passed by
. a municipal authority" should have no place in it.
If this submission has to be accepted, the proviso would have to
be read deleting the words "or other municipal authority."
As
H already pointed out, this rejection cannot be done on any accepted
principle of statutory construction, for the· words have meaning
and effect can be given to them without the same conflicting with
any other operative provision of the Act.
2 84
s,;PREME COL:RT REPORTS
(I 965J I S.C.R.
lf the drgument that the word; should be
rejected is
not
accepted and some meaning has to be attributed to these words,
the alternative submission of the learned Counsel for the respon-
<iem was that we should read the words 'orders passed' as confined
lo orders which were appealable orders for which an appeal was
provided under a Municipal law. In this connection it was urged
that the intention of the framers of the Act was merely to enact
a legislation providing for an uniform forum in which appeals, for
which diverse provisions were made in the Municipal laws of the
several Municipalities in the State, were to be entertained and
disposed of and it would be inconsistent with such an intention to
hold that they made a provision for Government revising orders
which according to the relevant Municipal law were final and
not subject to any appeal. This argument though plausible does
not appear to us to be sound or maintainable on any proper construction of the words employed. If the learned Counsel is right,
the clause would read "The Government may .
. call
for any record of any case.
. of any appealable order
passed by a Commissioner or by a Municipal authority and may
pas.~ such orders.
. " This would show how impossible
it is to read the word 'order' as confined to appcalable orders
which is what the learned Counsel suggests as the proper construction of the proviso, for it would at once be seen that there
are no appcalable orders of the Commissioner, since s. 4 ( I ) has in
terms prohibited all appeals.
As the words 'orders or are not
repeated before the words 'a municipal authority', you cannot
read word 'order' as meaning 'orders declared final by this Act'
when applied to the orders of a Commis.~ioner and as meaning
'orders subject to appeal under a Municipal law' in relation to
the orders of a municipal authority. Besides, it would be somewhat anomalous that s. 3 should provide the forum for appeals
which lay under the Municipal Act and in regard to the same
matter i.e., those in regard to which a Municipal appeal would lie.
make a parallel provision for a revision by the State Government
without clearer words. We do not consider it necessary to exr mine
this matter further or to examine the other anomalies whic : this
construction might involve, because we are in this case concerned
with a non-appealable order of a municipal authority. So far as
they are concerned, such orders would be in elmctly the same
situation as regards their finality as the orders of a Commis~ioner,
which by reason of the positive provisions of s. 3 ( 3) and s. 4 ( I )
are expressly declared final by the Act. It appears to us that the
more reasonable construction is to construe the words 'orders of a
municipal authority' as including final orders not subject to a
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STATE V. LEELA JAIN (Ayyangar J.)
285
"
Municipal appeal which would fall into the same category as
appellate orders of a Commissioner which are declared final by
the Act.
It is, no doubt, true that so to construe these words could
empower a State Government to interfere in. Municipal affairs and
B this on an extensive scale and enable them to pass orders in revision, on matters which under the relevant Municipal law was final
and not subject to any appeal. That is an aspect which appealed
greatly to the learned Judges of the High Court and as we have
pointed out earlier, forn1s the main reasoning on which they have
arrived at the construction of the proviso. Though we are not
C unmindful of the consequences an<l implications of this construction, we consider that it would not be proper to take-these factors
into consideration where the words of the statute are clear and
what we have stated earlier should suffice to show that, in our
opinion, the opposite construction is not reasonably open without
doing violence to the language of the enactment either by omitting
D the words "or other Municipal authorities" altogether or by rewriting the section so as to achieve the desired result. We do not
conceive this to be the function of a Court of construction but
that it must be left to other organs of Government. We, therefore.
consider that the learned Judges of the High Court were in error
E in holding that the State Government had no power to entertain
the revision against the order of the President of the Municipal
Council and to quash it on that ground.
As already indicated in the Writ Petition under Art. 226 filed
by the respondent to the High Court she based her attack on the
validity of the order of the State Government not merely on the
F ground that it was beyond their revisional jurisdiction, but on
various other grounds.
The learned Judges of the High Court
having reached a conclusion in her favour on this grounel, observed
in the course of their judgment :
G
H
"The order of the Government is witl1out jurisdiction
and must be quashed on this ground alone. It is not
necessary to go into the other grounds raised in this
petition."
The learned Counsel for the respondent drew our attention to this
passage and submitted that should we allow the appeal on our
construction of the proviso to s. 4 ( 1), we should remand the
case to the High Court for considering the other objections that
were raised. Though tl1e learned Counsel for the appellant submitted that we· might ourselves deal with the other points, we do
286
SUPREME COURT REPORTS
[1965] 1 S.C.R.
not accede to this request.
In our opinion the case has to be
A
>Cnt back to. the High Court for all the other objections being
considered on their merits as may arise on the pleadings and in
law. We are not to be understood as having expressed any opinion
as to whether any such point arises or their merits.
The appeal is accordingly allowed and the order of the High
i;
Court allowing the Writ Petition is set aside and the matter is
remanded to the High Court for being disposed of in accordanc.:
wii11 law and with this judgment.. The costs of the parties in this
Court will abide the result and will be provided for by the High
C0un in its final order.
Appeal allowed and case rema11ded.
"'
'
•