NANDLAL SHANKARLAL TIWARI Vs. LAXMAN UMAKANT MALKARJUN

JUDGEMENT

(1.) THESE are three applications for permission to file Letters Patent Appeal, All the three, second appeals were summarily dismissed by one-word order "dismissed". Leave is being refused in all the three applications to file an appeal under Clause 15 of the Letters Patent as none of them involves any point of law which requires to be considered by Division Bench. However, Mr. Mandlekar has raised a technical question which he thinks, is an important point of law for which leave ought to be granted. Hence this order.

(2.) MR. Mandlekar argued that Order 41, Rule 11 of the Civil Procedure Code applies to file further hearing of appeal before this Court and a judgment including reasons for the summary dismissal of the appeal must be made by this Court. The one-word order of dismissal is not a judgment according to law. The legal position in this behalf so far as this Court is concerned is already concluded by judgments as well as by long standing practice. However, since this question is being raised recently in this Court particularly by petitioners who have hardly any point to urge for obtaining a leave to file a Letters Patent Appeal, it is better that the legal position is once more summarised.

(3.) WHAT is argued is that the provisions of Order 41, Rule 11 of the Civil Procedure Code must be read along with Rule 81 of the same order as well as Sections 2 (9), S3 and Order 20, Rule 4 Sub-rule (2 ). The argument in short is that even while the appeal is being summarily dismissed under Rule 11, the Court ought to make a judgment according to law. The word 'judgment' has been defined in clause (9) of Section 2 and means the statement given by the Judge of the grounds of a decree or order. Order 20, Rule 4, deals with the contents of judgments, Sub-rule (1) of Rule 4 relates to the judgment of a Small Causes Court and it is enough if the judgment of that Court contains the points for determination and the decision thereon. Sub-rule (2) of Rule 4, however, requires that Judgments of other Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Along with this provision Rule 31 of Order 41 is read to point out that the judgment of the Appellate Court shall be in writing and shall state (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled. At the time this judgment is pronounced it shall be signed and dated by the Judge or by the Judges concurring therein, In short, even while the appeal is being summarily dismissed under Order 41, Rule 11 of the Civil Procedure Code a regular judgment as is made at the end of the final Hearing of an appeal ought to be made by the Judge or Judges in motion hearing.