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Judgment
Anand Eyrareddy
There is a delay of 54 days in filing the appeal. The application - Misc. Civil No. 4693/2011 is supported by an affidavit to claim that the appellant was ill and was admitted in hospital and has produced a medical certificate from the Bowring and Lady Curzon Hospital
The learned Counsel for the respondent has filed a memo along with a certain communication received from the Resident-Medical Officer of the above said hospital to state that he has made enquiries with the hospital authorities and it is disclosed that no such certificate, as has been produced by the appellant, was issued by the said hospital.
This Court is not inclined to conduct an enquiry into the circumstance of alleged fraud. Since there is a delay of 54 days in filing the appeal, the appeal requires to be heard on merits. Accordingly, the application is allowed and the delay is condoned.
Heard the learned Counsel for the appellant.
At the stage of admission, the matter is considered for disposal.
Having regard to the fact that the Impugned order is styled as an interim order on an application filed by the respondents u/s 151 of the Code of Civil Procedure, 1908, rejecting the suit, the Court below has not indicated the provision of law under which such an order has been passed. The order being interspersed with English words for want of meanings or expressions in Kannada, the English language was more preferable in pronouncing the order and with reference to the provisions of Jaw. The Court below is, therefore, required to pass a considered order with reference to the provisions of law under which the suit is disposed of, summarily. Accordingly, the order under appeal is set aside and the matter is remitted to the trial Court for a fresh consideration and to pass an order with reference to the provisions of law and preferably in the English language.