UNION OF INDIA Vs. SUBBAMMAL

JUDGEMENT

(1.) The defendant, namely, the, Union of India represented by the General Manager, Southern Railway, is the appellant. The suit is for damages for short delivery of goods booked for transportation from Delhi to Kochaveli at Trivandrum. The defendant raised various contentions in its written statement. As many as 7 issues were raised in the suit. Issues were settled on 20-3-1979 and after two or three adjournments, the case was posted for trial on 7-11-1979. On that day, the court below has passed the following judgment:

(2.) The order sheet in the suit contains the following entry dated 7-11-1979:-

(3.) R.5 of O.20, C.P.C. requires the Court to state its finding or decision with the reasons therefor upon each separate issue in suits where issues have been framed unless the finding upon any one or more of the issues is sufficient for the decision of the suit. In the present case, 7 issues have been framed on 20-3-1979. The judgment of the court below does not give findings on the issues framed in the suit. Subramonian Poti J., (as he then was) in Chari Vijayan v. Achuthan Vasu ( 1973 KLT 849 ) stated that: