STATE OF MAHARASHTRA Vs. RAMBHAU

JUDGEMENT

(1.) THIS first appeal is taken up for hearing by consent of both the parties. This appeal takes exception to the order passed by the Third Joint Civil Judge, Senior Division, Nagpur, dated December 23, 1999 in Special Civil Suit No. 1017 of 1992. The said suit was filed by the respondent for recovery of Rs. 1,13,112. 23 p. against the appellants for the alleged work done by him in the contract of construction of road. The trial Court has decreed the suit by assigning reasons only in one paragraph which reads thus :

(2.) TAKING any view of the matter, the decree is this appeal cannot be sustained in law.

(3.) IN the circumstances, there is no option but to set aside the impugned judgment and decree and remand the case for retrial to the file of the Third Joint Civil Judge, Senior Division, Nagpur. The trial Court is directed to dispose of the suit expeditiously, preferably within three months from the date of receipt of this order. No order as to costs. Needless to mention that, at least in future, the learned Judge would be well advised to not to dispose of the suits involving high stakes or for that matter any suit, in such a cryptic and hasty manner.