JUDGMENT : P. Devadass, J. 1. All the four Revisions are connected, they were heard together and are being disposed of by this Common Order. 2. These Revisions are filed at the instance of the Defendant in O.S. No. 1436 of 2002 on the file of the learned Sub-Judge, Thiruchengode, Namakkal District. 3. The Defendant was indebted to the Plaintiff on a Promissory Note, dated 17.2.2000 for the Principal amount of Rs. 5 lakhs together with 18% Interest p.a. Since the Principal and the Interest were not paid in spite of a Lawyer's Notice, the Plaintiff had instituted the Suit for recovery of money. 4. Originally, the Suit was filed in the Sub-Court, Namakkal The Suit was dismissed for default. He filed four Applications to restore the Suit and also to condone the delay. In the meanwhile, cases pertaining to the Sub-Court, Thiruchengode were transferred to the newly constituted Sub-Court, Thiruchengode. Under these circumstances, the Restoration Applications came to be heard by the new Sub-Court, Thiruchengode. 5. The Defendant filed Counters in the Restoration Applications and delay Condonation Application contending that they have misplaced the bundle along with other case bundles and delay in representing the same are not proper explanation, much less no explanation at all. 6. The Trial Court, after elaborately recording the averments in the Affidavit and averments in the Counter and also their respective submissions, passed one line Order, "Point for consideration Cost of Rs. 300 paid, Petition allowed." The Cost is for each Petition separately. 7. In compliance to the Court Order, the Plaintiff paid the Cost. The Petitions were allowed, Suit has been restored to file. 8. Aggrieved, the Defendant has directed these Revisions. In view of the stay granted by this Court, there was no progress in the Suit. 9. The learned Counsel for the Revision Petitioner contended that even when the case was pending before the Sub-Court, Namakkal the Suit was dismissed for default. Thereafter, the Restoration Application was filed with delay Condonation Application The reason that the bundles were mixed with other bundles have no substance. They are reason for the sake of reason. 10. The learned Counsel for the Revision Petitioner further contended that there was long lull as between 2002 to 2008 in not filing any Petition. 11. The learned Counsel for the Revision Petitioner submitted that this Order is having face (order), but there is no body (reason).
They are reason for the sake of reason. 10. The learned Counsel for the Revision Petitioner further contended that there was long lull as between 2002 to 2008 in not filing any Petition. 11. The learned Counsel for the Revision Petitioner submitted that this Order is having face (order), but there is no body (reason). It is an example of having passed mechanically. This is against law. 12. The learned Counsel for the Revision Petitioner further contended that there was no substance or merit in the Application filed by the Respondent/Plaintiff. 13. The learned Counsel for the Revision Petitioner further submits that actually the Plaintiff is a Money Lender charging usurious rate of interest, He extracts blood from the body of the debtor in the form of Interest. 14. On the other hand, the learned Counsel for the Respondent/Plaintiff submitted that the Plaintiff is battling for very many years to recover the money due on a Pro-Note from the Defendant. Actually, the Interest charged 18% p.a. which is a normal interest in Loans based on Pro-Notes. 15. The learned Counsel for the Respondent/Plaintiff submitted that the Defendant is enjoying the money of the Plaintiff at a lesser rate of Interest. 16. The learned Counsel for the Respondent also submitted that the Defendant is attacking the tail (consequential order) but not the head (original/main order). 17. I have anxiously considered the enlightened submissions of the learned Counsels, perused the impugned Orders and the materials on record. 18. The impugned Order is a "non-speaking order." The reasons are live wires to Judicial Orders. The judicial discretion have to be exercised fairly and reasonably. It is possible only when reasons are given, otherwise, it will be termed as arbitrary. An Order without reason is like the face of an Egyptian phoenix showing the face and hiding the body. Hence, 'face' denotes the order and the 'body' denotes the reasons. 19. The benefit of giving reason to Judicial Order is manifold It will exhibit fairness. It will also show contents of the parties having been considered. It will show reasons for its existence. It will exclude arbitrariness. It will enable even a loser to feel that his view has been fairly considered, of course, he lost because he has no case.
The benefit of giving reason to Judicial Order is manifold It will exhibit fairness. It will also show contents of the parties having been considered. It will show reasons for its existence. It will exclude arbitrariness. It will enable even a loser to feel that his view has been fairly considered, of course, he lost because he has no case. Further, in the absence of reasons, in a Judicial Order, one will be at a difficulty to understand what has transferred in the mind of the Judge while passing the Order. Further, if no reason is given, this will disable the Appellate Court to find out what was the occasion for the Trial Court to pass the Order. It will make the Appellate Court to hunt/search for reasons. Now, passing non-speaking Order also has been on classified as an instance of violation of Principle of Natural Justice. The Order passed by the learned Judge in the instant case is a classic example for, how a Judicial Order should not be passed. 20. There is no point in crying over the spilt milk. Damage has been done, repair work have to be undertaken. 21. Now, in this case, it is a fight between a Goliath and Lilli Putant, in other words, a creditor and a debtor. However, it is a hectic fight. There will be a win or loss, it will be the philosophy for both side Counsel. Naturally, there is no wrong or surprise in the Defendant, more particularly in a Pro-Note Suit to take all the possible and available at every stage of the Suit. 22. Now, in this case, the Defendant won even before the real legal battle. Plaintiff has no chance for battle. It is a Money Suit based on a Pro-Note. Any way, Defendant had successfully defended the trial of the case for considerable time. Certain reasons have been given. Let us not make any deep research into that. 23. Let us have a realistic approach. Whether consequential Order alone has been questioned or not becomes immaterial since questioning in the consequential Order is indirectly questioning the main Order. Consequential Order comes into existence only because of the main Order. 24. Restoration Petition has been allowed by the Trial Court.
Let us not make any deep research into that. 23. Let us have a realistic approach. Whether consequential Order alone has been questioned or not becomes immaterial since questioning in the consequential Order is indirectly questioning the main Order. Consequential Order comes into existence only because of the main Order. 24. Restoration Petition has been allowed by the Trial Court. One thing is clear from the impugned Order that the Trial Court wanted to throw an opportunity to the Plaintiff, it also includes the Defendant, of course, it had failed to give the reasons for the same, at least briefly. I do not want to disturb the impugned Order. 25. Before leaving this Order, as rightly pointed out by the learned Counsel for the Revision Petitioner that the hallmark of passing a Judicial Order, exercising judicial discretion is that some reasons have to be given in the Orders passed by the Courts. We have already noted down the difficulties in not giving reasons in the Judicial Orders and also the benefit of giving reasons in the Judicial Order. Let the learned Judicial Officers shall not pass Orders having the face of inscrutable phoenix only. 26. In view of the foregoings, ordered as under: (i) These Revisions fail and are dismissed. (ii) However, there is no order as to Costs. (iii) Consequently, connected Miscellaneous Petition is closed. C.Rps. Dismissed - No Costs - M.P. Closed.