Order
1. Leave granted.
2. A first appeal preferred before the High Court has been summarily dismissed.
3. Having heard the learned counsel for the parties, we are satisfied that the first appeal filed in the High Court did raise questions of fact and law which called for a full-dressed hearing. First appeal is a valuable right of the appellant and therein all the questions of fact and law decided by the trial court are open for reconsideration. In our opinion, the disposal of the appeal by the High Court, in the manner in which it has been done, is not satisfactory.
4. The appeal is allowed. The impugned order of the High Court dismissing the appeal summarily is set aside. The appeal is remanded to the High Court for hearing and decision afresh and in accordance with law.
5. No order as to costs.