RADHA BAI Vs. PARASRAM

JUDGEMENT

(1.) THIS is an application for revision of the judgment and decree dated 20th April, 1959 of Shri B. K. D. Badgel, Civil Judge, Udaipur. By his judgment in question the learned Judge allowed the appeal and dismissed the suit on the preliminary ground that the suit was bad for non-joinder of a necessary party. He refused to adjudicate upon the other material issues in the case which had been determined by the trial court.

(2.) AT the outset I should like to observe that the procedure followed by the learned Judge in refraining from giving his own findings on the other relevant questions raised in the case is against well established practice and principle. A subordinate court of appeal, whose decision is subject to appeal before this Court, should be well advised to come to specific findings on all the important issues involved in the case, with a view to avoid the contingency of a remand by this Court. The omission to do so creates a good deal of difficulty and in case the decision on the preliminary point on which it is based is reversed, this Court is placed in the embarrassing position of making either an unnecessary remand or of being compelled to decide for itself on the evidence the other issues which fall for consideration in the case. Serious exception therefore has to be taken to any such procedure being adopted by the subordinate courts in disposing of appeals. The proper course for the learned Judge should have been not only to determine the preliminary question but also to give his finding upon the other material issues involved and then dispose of the appeal. With these prefatory observations, I would now turn to deal with the material facts giving rise to this application.