JIWAN LAL Vs. SHIV RAM

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for quashing of order dated 06.04.2019 (Annexure P-4), passed by the Court of learned Senior Civil Judge, Court No. 1, Amb, Una in Case No. 215-I-2009, whereby an application filed by the petitioners under Order XXII Rule 4(4) read with Section 151 of the Code of Civil Procedure, wherein a request was made that petitioners/plaintiffs be permitted not to bring on record the legal representatives of deceased defendant No. 24, has been dismissed.

(2.) Mr. Dheeraj K. Vashisht, learned counsel for the petitioners has argued that the impugned order is not sustainable in the eyes of law, primarily on the ground that no reasons have been assigned by the learned Court below as to why the prayer made in the application did not find merit with it, especially in view of the fact that qua other defendants in the same suit, similar application filed by the petitioners/plaintiffs was allowed by the learned Court below.

(3.) Having heard learned counsel for the petitioners, this Court concurs with him to the extent that the impugned order, vide which, the application filed by the present petitioners has been dismissed, is a cryptic order. This Court expects that when an adjudication is made by the learned Court below either on applications or otherwise, then the orders to be passed, ought to be reasoned and speaking. This Court is not at all commenting as to what final order should have been passed by the learned Court below on the application filed by the petitioners/plaintiffs, but all that this Court is observing, is that the said application ought to have been disposed of by passing a speaking and reasoned order, wherein the reasons should have been well spelled out as to why that particular order was being passed by the learned Court below.