JIWAN LAL & ANOTHER Vs. VARINDER KUMAR

JUDGEMENT

(1.) Having heard the learned Counsel for the parties and having perused the impugned order dated 26.05.2017, passed by the learned Civil Judge, Court No. III, Amb, Distt. Una, (HP), in my considered view, the same is not sustainable in the eyes of law, as the order is both un-reasoned and non-speaking.

(2.) It is settled law that any order, be it passed by a judicial authority or a quasi judicial authority, has to be both reasoned and speaking. The rational, as to why the Court has to pass a reasoned and speaking order, is that a perusal of the order should be self demonstrative as to why the Court has arrived at that conclusion. This is missing in the impugned order, as no reasoning has been assigned by the learned Judge as to what weighed with it, while it allowed the application so filed by the present respondent under Order 9 Rule 7 read with Section 151 of the Code of Civil Procedure at a belated stage. In my considered view, it was not enough for the learned Court below to have simply said that though the application was filed at belated stage, but sufficient reasons stood assigned as to why there was delay in filing the application. There ought to have judicial reasons assigned by the learned Judge as to why the averments so contained in the application found merit with the Court.

(3.) In view of the above, this petition is allowed. Impugned order dated 26.05.2017, passed by the learned Civil Judge, Court No. III, Amb, Distt. Una, (HP), is set aside and the matter is remanded back to the learned Court below with the direction to decide the application, so filed by the present respondent under Order 9 Rule 7 read with Section 151 of the Code of Civil Procedure, afresh after hearing both the parties.