(dissenting).
I must respectfully dissent from the majority opinion.
*569Respondents moved for summary judgment as to Count I, and moved for summary judgment as to Count II, as an alternative to their motion for judgment on the pleadings. This, therefore, is not a case where the trial court treated a motion for judgment on the pleadings as a motion for summary judgment, and no notice as required by SDCL 15-6-12(e) was necessary. We must therefore look at SDCL 15-6-56 to determine if appellants are entitled to relief.
Statutes are to be interpreted so as to fully effectuate their purpose and intent.
“The primary purpose of summary judgment procedure is to determine whether there are any triable issues of fact requiring a formal trial on the merits. The procedure provides a speedy method of determining whether there are any disputed and material issues of fact. The remedy of summary judgment is essentially one in the interests of justice, and its object is to obtain judgment forthwith where no triable issue is raised, and thereby to avoid needless trials and delays.” 73 Am.Jur.2d, Summary Judgment, Sec. 1, p. 721.
On the trial level, appellants completely ignored the court’s instructions to submit briefs, and they also completely ignored the response requirement of SDCL 15-6-56(e), the last two sentences of which read as follows:
“When a motion for summary judgment is made and supported as provided in § 15-6-56, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in § 15-6-56, must set forth specific facts showing that there is a genuine issue for trial If he does not so respond, summary judgment, if appropriate, shall be entered against him.” (Emphasis supplied.)
When read in its entirety, SDCL 15-6-56 does not indicate a requirement that a motion for summary judgment must be supported by affidavits. It may be supported by the pleadings, depositions, interrogatories and admissions on file as well. SDCL 15-6-56(c). Respondents incorporated in their motion all of the files and records in this action including, but not limited to, the depositions.
It is understood that movant for summary judgment has the burden of showing that there is no genuine issue of material fact, and that he is entitled to judgment as a matter of law. This burden was sustained, since the files and records show that no one deposed knew how the fire was ignited; that appellants admitted they were not in a position to know or learn what specific act of negligence on the part of respondents or their agents or employees resulted in the fire; and that there was no evidence of faulty equipment or negligence on the part of respondents whatever. Appellants thereafter were bound by SDCL 15-6-56(e) to respond and affirmatively set forth facts showing that there is a genuine issue for trial. Having failed to do so, summary judgment was appropriate. I am at a loss as to how respondents can be expected to shoulder the burden of showing “that the fire was caused by something other than their negligence,” when it is clearly established that no one knows how the fire started.
If appellants wished to contend that there was, in fact, a genuine issue of fact, it was incumbent upon them to comply with SDCL 15-6-56{e) so that the trial court could have considered the issue. Appellants chose to ignore the statute and deliberately bypass the trial court.
Evidentiary matters, as set forth in respondents’ motion for summary judgment, and supported by the files and records, must be deemed uncontroverted, and must be taken as true if not contradicted by other opposing affidavits or proof. Robertson v. New York Life Ins. Co., et al., 312 Mich. 92, 19 N.W.2d 498 (1945); Leszczynski v. Surges, 30 Wis.2d 534, 141 N.W.2d 261 (1966); Caraway v. Leathers, et al., 58 Wis.2d 321, 206 N.W.2d 193 (1973); Jones v. Perkins, et al., 75 Wis.2d 18, 248 N.W.2d 468 (1977); Augustine v. Anti-Defamation League of B’Nai B’Rith, 75 Wis.2d 207, 249 N.W.2d 547 (1977).
*570“In the limited number of cases in which the question has arisen, the courts have uniformly upheld as constitutional a statute or rule of court requiring the defendant to file an affidavit of defense, and providing for summary judgment on his failure to do so.” 69 A.L.R. 1031; 120 A.L.R. 1400.
Appellants contend that the trial court erred in making and entering its order for summary judgment in favor of respondents by failing to find negligence on the part of respondents, and by misinterpreting the applicability of the doctrine of res ipsa loqui-tur.
An examination of the merits of the motion for summary judgment leads me to conclude that the trial court arrived at the right result; therefore, the fact that it considered the case of Bearry v. Brensing, 85 S.D. 370, 182 N.W.2d 655 (1970), which the majority now overrules, should make no difference.
“The decision of the trial court should be affirmed if it is correct, although the lower court relied upon a wrong ground or gave a wrong reason, or the judgment or order complained of contains inaccurate or erroneous declarations of law.” 5 Am.Jur.2d, Appeal & Error, Sec. 285, p. 227; Owens v. City of Beresford, 87 S.D. 8, 201 N.W.2d 890 (1972).
In Bearry, the defendant drove his truck into grain stubble eighteen to twenty-four inches high, and a fire occurred under the truck very soon after he parked it in the tall stubble. The Bearry court held that plaintiff did not have the benefit of res ipsa loquitur in establishing negligence, because “Our rule is that with the single exception of fires caused by sparks emitted from locomotive engines, res ipsa loquitur does not apply to cases involving damage or injury by fire.” Although I agree that this rule is much too narrow, I submit that the factual situation was far different from ours, and we cannot justify using this case to overrule Bearry.
One of the requirements of res ipsa loqui-tur is that there must have been some negligence on the part of respondents. It is only where the circumstances leave no room for different presumptions or inferences, that the doctrine applies. Kramer v. Sioux Transit, Inc., 85 S.D. 232, 180 N.W.2d 468 (1970).
Here there is not one iota of negligence shown on the part of respondents, and there is much room for different presumptions as to how the fire may have started. Clearly, the trial court was justified in finding no negligence, and did not err by refusing to apply the doctrine of res ipsa loquitur. Although summary judgment should be used with caution in negligence cases, there is nothing to prohibit its use under appropriate circumstances.