AMAR SINGH Vs. PRATAP SINGH

JUDGEMENT

(1.) THIS petition is directed against the order dated 28.7.2006 passed by Civil Judge (Junior Division), Jubbal whereby he has rejected the application filed by the petitioner (hereinafter referred to as the plaintiff) under Order 13 Rule 10 CPC for summoning the file No.206/70 decided on 6.4.1971 from the record room.

(2.) I have heard Sh.Bhupinder Gupta, learned Senior Counsel for the plaintiff and Sh.G.D.Verma, learned Senior Counsel for the respondent-defendant.

(3.) THE application has been rejected mainly on the ground that the application is mis-conceived and that the plaintiff did not produce the relevant record at the time of filing of the plaint. I am of the considered view that the order of the learned Civil Judge is virtually a non-speaking and un-reasoned order. Other than giving the contents of the application, the reply and quoting the arguments of the counsel the Civil Judge has virtually not given any reasoning. Order 13 Rule 10(i) of the CPC reads as follows: