PARAMESWARAN ASARI KRISHNAN ASARI Vs. KUNJALI LEKSHMI

JUDGEMENT

(1.) It is rather regrettable that the learned District Judge has done nothing else in effect but incorporating the judgment of the Trial Court for about 2 1/2 pages and then disposed of the appeal before him without even considering the material evidence on record.

(2.) It is desirable that I point out to the subordinate courts especially the courts hearing appeals, to apply their mind to the pleadings and state the facts in their own way. From some of the appeals that have come up before me, I find that there is a very regrettable practice of some of the lower appellate courts simply incorporating some of the paragraphs of the Trial Court judgment in extenso as mentioning the facts of the matters arising for decision. This is not the way in which the appellate court should consider an appeal. Such a practice tends to create an impression that some of the lower appellate courts do not apply their mind independently to the pleadings.

(3.) In this case, in particular, after incorporating in verbatim some of the paragraphs of the Trial Court judgment, the learned Judge has considered the point in Para.3 in about half-a-dozen lines and confirmed the judgment of the Trial Court. The appellate court has not cared to advert to the evidence or even as to the nature of the evidence that has been let in this case and more so in a very important case where the paternity of a person is in question.