LAWS(MPH)-2014-2-6

BHIKAM SINGH Vs. STATE OF M.P.

Decided On February 06, 2014
BHIKAM SINGH Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution, challenges the order Annexure P/1 dated 07.02.2012. By this order, the prayer of the petitioner / plaintiff for treating his suit in representative capacity is rejected. The singular reason for rejection is that the plaintiff has not filed any resolution or document to show that the persons for whom suit is filed in representative capacity have given their consent to the plaintiff to file the suit.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) THIS is settled in law that reasons are heart beats of conclusion. In Judicial proceedings reasons must be given to maintain purity, transparency and faith of the litigant in the system. The Apex Court in Kranti Associates Private Limited v. Masood Ahmed Khan, (2010) 9 SCC 496 has emphasized the need for assigning reasons in judicial, quasi -judicial and administrative proceedings. The relevant portion of the said judgment reads as under : -