Research › Search › Judgment

Bombay High Court · body

2000 DIGILAW 680 (BOM)

State of Maharashtra, through its Secretary, Public Works Department & others v. Rambhau son of Baburao Mohite

2000-09-16

A.M.KHANWILKAR

body2000
JUDGMENT - A.M. KHANWILKAR, J.:---This first appeal is taken up for hearing by consent of both the parties. This appeal takes exception to the order passed by the Third Joint Civil Judge, Senior Division, Nagpur, dated December 23, 1999 in Special Civil Suit No. 1017 of 1992. The said suit was filed by the respondent for recovery of Rs. 1,13,112.23 p. against the appellants for the alleged work done by him in the contract of construction of road. The trial Court has decreed the suit by assigning reasons only in one paragraph which reads thus : "Relying on affidavit Exhibit 27 and documents on record, Court comes to the conclusion that plaintiff has proved its case. For want of any specific agreement in respect of interest Court is granting 6% simple interest. So also Rs. 125/- towards the notice charges making the decretal figure in round. Court is passing the following order. O R D E R 1) Suit is decreed with costs. 2) Defendants are jointly and severally liable for amount of Rs. 1,13,112.23 alongwith 6% simple interest from 30-6-90 till its realization. 3) The said sum is made payable within 6 months. 4) Decree be drawn up accordingly. Sd/- V.G. Bodhankar 3rd Jt. Civil Judge, Sr. Dn. Nagpur." It is absolutely incomprehensible, when, the suit, which involves a claim for the amount of Rs. 1,13,000/-, can be disposed of in such a manner. The order is not only cryptic, but in my view, it does not even advert to the fact that the required procedure was not followed while disposing of the suit. The learned Counsel for the respondent contends that the decree has been passed because the defendants, who are appellants in this appeal, remained absent. However, the impugned order makes no reference to the said fact. There is no reference in the entire order that after the pleadings were filed and issues were framed, evidence has been adduced by the plaintiff in support of his claim so as to entitle the plaintiff for the recovery of the amount. 2.Taking any view of the matter, the decree is this appeal cannot be sustained in law. 3.In the circumstances, there is no option but to set aside the impugned judgment and decree and remand the case for retrial to the file of the Third Joint Civil Judge, Senior Division, Nagpur. 2.Taking any view of the matter, the decree is this appeal cannot be sustained in law. 3.In the circumstances, there is no option but to set aside the impugned judgment and decree and remand the case for retrial to the file of the Third Joint Civil Judge, Senior Division, Nagpur. The trial Court is directed to dispose of the suit expeditiously, preferably within three months from the date of receipt of this order. No order as to costs. Needless to mention that, at least in future, the learned Judge would be well advised to not to dispose of the suits involving high stakes or for that matter any suit, in such a cryptic and hasty manner. -----