CENTRE FOR MANAGEMENT DEVELOPMENT Vs. PANAYAG GRAMA PANCHAYATH

JUDGEMENT

(1.) This appeal is against the decree and judgment dated 7.6.2011 in O.S. No. 122 of 2006 of the Additional Sub Court, Kollam by the original defendant. The suit is one for recovery of money. The plaintiff is a grama panchayat, represented by its Secretary. The defendant, though it filed written statement, later on kept away from the court when the suit was listed for trial. It has resulted in an ex-parte decree and judgment against which this appeal is preferred.

(2.) Heard Smt. M. Hemalatha, learned counsel for the appellant and Sri. M.T. Sureshkumar, learned counsel for the respondent.

(3.) Going by the impugned judgment it is clear that the lower court has granted a decree, without going into the merits and demerits of the case and without even discussing the issues involved and the facts and evidence adduced. It has rendered a judgment stating that the plaintiff filed a proof affidavit and got marked Exts.A1 to A8. It is too dangerous and adventurous to jump into a conclusion without having a discussion with respect to the pleading and evidence adduced in a case and also without having a discussion with respect to the probative value of the document and evidence adduced. It is also not clear or discernible from the impugned judgment, how and under what circumstances the lower court was convinced that the plaintiff's case has been proved. The judgment should reflect the case advanced by both the parties.