ROOP CHAND Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Admit.Issue fresh notice, Mr. S. K. Anand accepts notice on behalf of respondents.1A. We have taken up the appeal for final hearing. Heard learned counsel for the parties.The appeal is directed against the judgment of a learned single Bench passed in OWP No. 807/96 on 13-11-1998. The judgment of the learned single Judge from page one to page four is only reproduction of a Supreme Court finding passed in a case titled T. N. Godavarman Thirumulkpad v. Union of India, reported in 1997 (2) SCC 267 : (AIR 1997 SC 1228). The only addition made by the learned single Judge is a prefacing sentence in the beginning and one towards the conclusion.In the beginning, the writ Court introduces the case by stating as under :-"The petitioner submits that he be issued requisite permission to deal with the timber. It be seen that the matter now stands covered by the decision given by the Supreme Court of India in the case reported as 'T. N. Godavarman Thirumulkpad v. Union of India, 1997 (2) Supreme Court Cases 267."Then towards the conclusion the learned single Bench holds as under :-

(2.) Except the above reproduced paras the writ Court does not say anything but only reproduces the Supreme Court judgment. The above facts make it necessary for us to outline the salient features which a judgment must have. The term judgment has been defined in sub-sec. (9) of S. 2 of Code of Civil Procedure (hereinafter referred to as the Code) which reads as under :-"Judgment means the statement given by the Judge of the grounds of a decree or an order."'Order' in terms of sub-sec. (14) of S. 2 has been defined as :-"Order formal expression of any decision of a civil Court which is not a decree." Similarly the word 'Decree' under S. 2(2) has been defined as under :-

(3.) Reading the definition clauses with Order 20, Rule 4 of the Code and Rule 57(3) of the J and K High Court Rules, we come to the conclusion that a judicial finding must satisfy the following conditions :-