In Kiranmal Zumerlal Borana Marwadi v. Dnyanoba
Bajirao Khot and others (1983) 4 SCC 223, this Court has not
countenanced the practice of the High Court dismissing the
appeal by one word order 'dismissed' if numerous and serious
questions, both of law and facts were raised in the appeal.
In case of Kiranmal Zumerlal Borana Marwadi v. Dnyanoba Bajirao Khot and Ors. the Apex Court pointed out "Let it be remembered that it was the first appeal against the decision of the trial court and therein the appellant can and has raised serious questions of law and disputed decision on facts. We, therefore, think that this is pre-eminently a fit case which ought to have been admitted and disposed of on merits." Without expressing an opinion the matter was remanded to the High Court.
(4) One last point remains to be noticed. Counsel for the appellants has drawn our attention to Kiranmal Zumeralal Borana Marwadi v. Dnyanoba Bajirao Koht and others, Air 1983 Sc 461, and urged that the order of dismissal ought to have stated reasons. We do not think that the case cited, if properly construed, supports that proposition. As we understand that judgment, the Supreme Court merely held that, on the facts of that case, there were serious questions to be decided and the appeal ought to have been admitted. All the observations made have to be understood in that sense.