UGAMSEE MODI Vs. PUKHRAJ

JUDGEMENT

(1.) This is to dispose of an application under Sec. 151 C.P.C. of one Shri Ugamsee Modi for expunging the remarks from the judgment of the learned Civil Judge Jalore dated 20th of January 1972. The brief facts giving rise to this application are as follows. The plaintiff applicant Ugamsee Modi brought a suit against the defendant opposite party for the recovery of a sum of Rs. 520/ - made up of Rs. 500/ - principal and Rs. 20/ - interest on the allegation that the opposite party had borrowed from the applicant a sum of Rs. 500/ -. The defendant opposite party denied that he ever borrowed any sum from the plaintiff applicant, and inter alia pleaded that suit against him was brought with an ulterior motive to extort money under pressure. The suit was dismissed by the Additional Munsiff Jalore. On appeal the learned Civil Judge while dismissing it made disparaging remarks against the plaintiff applicant who is an Advocate as follows: - -

(2.) I is contended by the learned counsel for the plaintiff -applicant that the remarks in question were wholly unjustified and were not at all necessary for the decision of the case in a judicial manner. Reliance has been placed upon State of Uttar Pradesh Vs. Mohd. Naim : AIR 1964 SC 703. I have heard the learned council for the parties and have gone through the record. The suit was merely a suit for recovery of the money. Both the Courts below found against the plaintiff -applicant mainly on the ground that there were some discrepancies in respect of the date of the advancement of loan. The appellate court further observed that it appears that the defendant -opposite party had held consultation with the plaintiff and that the plaintiff -applicant had brought the suit to realise money for the consultation held by the defendant with him. There is, however, no positive evidence on this score. The appellate court has only said that the revision of the defendant appears to be probable. Now the question before the Courts below was whether Rs. 500/ - were advanced by the plaintiff applicant or not. The conduct of the plaintiff was in no way in dispute or relevant. In this connection it will be useful to extract the relevant observations made by their Lordships of the Supreme Court in State of Uttar Pradesh vs. Mohd. Naim : AIR 1964 SC 703. Their Lordships have observed that - -