ARVIND TIWARI Vs. MURAD KHAN

JUDGEMENT

(1.) THE petitioner submits that the observations made in order, annexure P/1, by the trial Court were not necessary for the proper disposal of the suit, and therefore, these remarks should be expunged. The remarks came to be recorded under following circumstances.

(2.) THE counsel appearing in the Court below had raised an argument to the effect that if costs are being imposed then the Court cannot pass an order with a view to direct that last opportunity to do the needful would be given. It is to this argument which led the trial Court to demand a written apology from the counsel and this was taken on record and was accepted.

(3.) THE judicial view is that observations which are not necessary for the proper disposal of the case should not be made part of the judicial record. The decision given by the Supreme Court in the early 1960's be noticed in this regard. This decision is reported as the State of Uttar Pradesh v. Mohammad Naim, AIR 1964 Sc 703. It was held as under: