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SANJAY KUMAR (Lawyer)     17 December 2014

Insufficient judgements/ orders

What when Order/Judgment is vague swift and short compared to numerous points raised  ?

Again appearing suo motto in respondents favor  because according to appellant  relief was sought for 'A' , according to respondent it was action "B' , the court ruled it is 'C' ?



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     24 December 2014

You may take up all the issues in appeal only seeking setting aside of the impugned judgment due to the observations cited.

SANJAY KUMAR (Lawyer)     25 December 2014

Thx..

And Season's Greeting !

........and lots more in terms of time, money to ensure justice to poor clients.

-sk

Sanjeev Kuchhal (Publishers)     22 January 2015

Judgment _ Rule 5 of Order XX of CPC provides that in suits in which issues have been framed, the Court shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the finding upon any one or more of the issues is sufficient for the decision of the suit _ There has to be marshalling of the evidence on record, both oral and documentary _ Judgment which is not in accordance with the provisions of Order XX Rule 5 of CPC is no Judgment in the eyes of law _ Judgment containing wrong statement also cannot be a Judgment in the eyes of law. (See 2015 (1) LJSOFT 119)

(For full text visit www.ljsoft.co.in)

SANJAY KUMAR (Lawyer)     27 January 2015

Yes, yes that what I intended. instead of being content with the Palm tree justice we must insist on what Scott V.C. said:

" The function of the court .....in civil litigation generally, is adversarial .....the function of the judge is to deal with the case that is put before the court by the parties. There is no impropriety in [ in any civil proceedings] in placing before the court an agreed statement of facts and inviting the court to deal with the case on the basis of that statement " ---p 434, Benion on Statutory Interpretation, Fifth Edition.


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