RADHA DEVI Vs. DALBARA SINGH

JUDGEMENT

(1.) This appeal has been preferred by the plaintiffs against the judgment and decree of the learned Additional District Judge, Solan dismissing the suit of the plaintiffs which was instituted under Order 33 of the Code of Civil Procedure claiming damages for the wrongful death allegedly caused to Karam Chand, husband of first plaintiff and father of minors Meera Devi, Rajesh Kumar, Seema Devi and Raju.

(2.) The evidence on record is not being considered in detail, as I find that the first issue for determination before the trial Court was as to whether the plaintiffs are entitled for compensation, if so, to what extent. The learned Court extracts the citations and then catalogues the documents proved as exhibits, briefly names the witnesses and then comes to the purported conclusion that the plaintiffs are not entitled to compensation, as pleaded. This is not the way to decide a suit. In original proceedings, it is not merely sufficient to note the judgments cited etc. and to catalogue the exhibits, but the trial Court is duty bound and required to discuss the evidence in detail and then arrive at the rational conclusion to which it leads. This exercise has not been undertaken by the learned trial Court in this case. The trial Court is not expected to abdicate its functions under the law, but it is required to exercise its powers as a Court of original jurisdiction in accordance with law. It is but expected that the evidence should be critically analysed in its true perspective, and then conclusions arrived at. In these circumstances, the judgment and decree of trial Court is quashed and set aside and the case is remanded to the District Judge, Solan. Parties to appear before him on 30th December, 2009. Since the original jurisdiction of the Court below has been changed, the case shall be assigned by the District Judge, Solan to a Court of competent jurisdiction who shall dispose of this case not later than 30th April, 2010 considering the fact that this case pertains to the year 1999. Records be sent back forthwith.