[29/04, 07:51] DURAIVAIYAPURI Mhc Advt: In the case of Meenakshisundaram Textiles vs Valliammal Textiles Ltd reported in 2011 (3) CTC 168 = 2011 (3) LW 80, the Division Bench of Madras High Court elaborately discussed by relying the Supreme Court judgments about that even an ex parte judgment should satisfy the description of ‘judgment’ as laid down in Order 20, Rule 4(2), C.P.C:
A judgment which does not contain the bare minimum facts, the point for determination, the evidence adduced and the application of those facts and evidence for deciding the issue would not qualify it to be called as “judgment”. The judgment should contain the brief summary of the facts, the evidence produced by the plaintiff in support of his claim and the reasoning of the learned Judge either for decreeing the suit or its dismissal. The Civil Procedure Code does not say that the Court is bound to grant a decree in case the defendant is absent. Judgment means cognitive process of reading a decision or drawing conclusion. Judgment is the basic requirement for a court and it means a decison or conclusion reached after consideration and deliberation.
Article by
E.Duraivaiyapuri,
Advocate,
YMCA BUILDING,
Chennai – 1.
[29/04, 07:54] sekarreporter1: 👍👍
[29/04, 07:51] DURAIVAIYAPURI Mhc Advt: In the case of Meenakshisundaram Textiles vs Valliammal Textiles Ltd reported in 2011 (3) CTC 168 = 2011 (3) LW 80, the Division Bench of Madras High Court elaborately discussed by relying the Supreme Court judgments about that even an ex parte judgment should satisfy the description of ‘judgment’ as laid down in Order 20, Rule 4(2), C.P.C:
A judgment which does not contain the bare minimum facts, the point for determination, the evidence adduced and the application of those facts and evidence for deciding the issue would not qualify it to be called as “judgment”. The judgment should contain the brief summary of the facts, the evidence produced by the plaintiff in support of his claim and the reasoning of the learned Judge either for decreeing the suit or its dismissal. The Civil Procedure Code does not say that the Court is bound to grant a decree in case the defendant is absent. Judgment means cognitive process of reading a decision or drawing conclusion. Judgment is the basic requirement for a court and it means a decison or conclusion reached after consideration and deliberation.
Article by
E.Duraivaiyapuri,
Advocate,
YMCA BUILDING,
Chennai – 1.
[29/04, 07:54] sekarreporter1: 👍👍
