NARASIMHA REDDY Vs. NARASIMHA REDDY

JUDGEMENT

(1.) IT is indeed a very sorry state of affairs that the Trial court in a suit for partition has framed as many as 10 main issues and two additional issues and has chosen to hold that issues 1 to 9 does not survive and issue No. 2 is not answered at all. He has taken into consideration only the issue regarding the suit as if barred by res judicata and whether the suit is barred under Order 2 rule 2, CPC, Though the plaintiff has gone to the box and examined RWs. 1 to 5 marking ex. P. 1 to 18 and defendants side also there was evidence of D. Ws. 1 to 5 apart from documents d. 1 to D. 12 the learned Judge has not chosen to give a finding on all issues after the amendment of Order 14 Rule 2, CPC which is as follows:

(2.) IN this view, this appeal is allowed without expressing any opinion on merits and the matter is remitted to the Trial Court to consider (i) whether the suit itself can be construed as final decree proceeding, (ii) whether this could be considered as a fresh suit for partition in as much as there is no effective partition in the earlier suit.

(3.) THE litigant goes to the Court for getting some reliefs. The Courts are not expected to give some paper decree and ask him to go blank without stating him the reasons and that the property has been taken over by somebody or given to him. Otherwise, there is no purpose in Court being existing in this country. The real meaning of justice has been forgotten by the Trial Court and a Judge is called upon to render justice. Justice should not only be done but seem to be done. In this view, this appeal is allowed and the matter is remitted back to the Trial Court to be disposed of in the light of the discussion made above. The Trial court is directed to give notice to all the parties and take up the matter and dispose it of within six months from the date of receipt of the records. Parties are directed to appear before the court on 12. 4. 1999. Appeal allowed.