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2008 DIGILAW 3838 (MAD)

K. Sampath v. Mani & Another

2008-10-22

M.VENUGOPAL

body2008
Judgment :- This civil revision petition is filed by the revision petitioner/plaintiff as against the order passed in I.A.No.230 of 2008 in O.S.No.75 of 2004 dated 30.7.2008 by the District Munsif,Arni, Tiruvannamalai District in allowing the application filed under Order 6 Rue 17 CPC to amend the additional written statement of the second defendant filed by the respondents/defendants 2 and 10. The trial Court has passed orders in I.A.No.230 of 2008 in O.S.No.75 of 2004 as follows:"Heard .I.A.allowed ". 2. The learned counsel appearing for the revision petitioner/plaintiff urges before this Court that the cryptic order of the trial Court as " Heard I.A.allowed" is not sustainable in the eye of law inasmuch as the trial Court has not applied its mind and has not passed a reason and conclusive order determining the rights of the parties. 3. It is not in dispute that the respondents/defendants 2 and 10 have filed I.A.No.230 of 2008 in O.S.No.75 of 2004 praying to amend the additional written statement of the second defendant. The revision petitioner/plaintiff has filed a detailed counter to the said application. It cannot be gain-said that it is the primordial duty of the trial Court to pass a detailed and speaking order in respect of the application filed before it. However, a perusal of the trial Court order in I.A.No.230 of 2008 to the effect "Heard I.A.allowed" clearly shows that the trial Court has passed orders in a non speaking fashion without deliberating upon the respective contentions of the parties in qualitative or quantitative terms. Such cryptic order of the trial Court is not a reasoned one and needs to be set aside in the interest of justice. Accordingly, the same is set aside and resultantly the Civil Revision petition is allowed in furtherance of substantial cause of justice. 4. In fine, this civil revision petition is allowed and the order passed in I.A.No.230 of 2008 in O.S.No.75 of 2004 on the file of District Munsif, Arni, Tiruvannamalai District is set aside. Further the trial Court is directed to restore I.A.No.230 of 2008 to its file and to pass a fresh reasoned order, after providing adequate opportunities to both parties in the matter in issue.