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CASE NO.: Appeal (civil)  424 of 2008

PETITIONER: STATE OF U. P. & ORS.

RESPONDENT: WASIM AHMED

DATE OF JUDGMENT: 15/01/2008

BENCH: TARUN CHATTERJEE & DALVEER BHANDARI

JUDGMENT: JUDGMENT

O R D E R (Arising out of S.L.P. (C)No. 11394 of 2006 1.      Leave granted.   2.      This appeal is directed against a final order dated                  8th of December, 2005 passed by a Division Bench of the  High Court at Allahabad in First Appeal No. 306 of 2002,  by which the Division Bench of the High Court had  declined to interfere with the findings of the trial Court and  dismissed the appeal.   3.      We have heard the learned counsel for the parties  and after going through the impugned order, we are of the  view that the impugned order cannot be sustained as it  appears to us that the Division Bench, while deciding the  appeal, has not at all applied its mind nor has considered  the points raised by the parties before it.  The Division  Bench, while dismissing the appeal, had made the  following order :-    \023Sri Alok Kumar Singh submitted that although  nine issues were framed but the same were  decided in 33 lines only, therefore, the  judgment is bad.  However, we have perused  the judgment and found that there is nothing  bad in the judgment .      In view of above, the appeal lacks merit  and is, therefore, dismissed.\024

4.      A perusal of this order would show that the Division  Bench, without going into the merits of the appeal and  without applying its mind, had dismissed the appeal only  by saying that on perusal, it was found that there was  nothing bad in the judgment.  In our view, since the  appeal was a first appeal i.e. the appeal had to be  decided not only on law but also on facts, it was the duty  of the Division Bench to apply its mind and decide the  same in accordance with law after passing a speaking  and reasoned order. 5.      For the reasons aforesaid, we are unable to sustain  the order of the Division Bench and accordingly, set aside  the judgment of the Division Bench of the High Court and  send it back to the High Court for a fresh decision in  accordance with law after giving hearing to the parties.  It  is expected that the High Court shall decide the appeal  within two months from the date of communication of this  order to the High Court.  No unnecessary adjournments  shall be granted to either of the parties.   6.      The appeal is thus allowed to the extent indicated

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above with no order as to costs.