Verdict reversing order must discuss evidence in detail, observes High Court
SPECIAL CORRESPONDENT
CHENNAI, October 4, 2011
In law, a judgment by an appellate court reversing a lower court order is required to refer to the entire evidence in detail. A discussion of every part of the evidence in an appellate judgment is imperative, the Madras High Court has observed.
In his judgment affirming a Subordinate Judge's order, Justice M. Venugopal said a judgment of reversal should express an opinion on all points on which the lower court had rested its conclusion. It was the primordial duty of a court to pass a reasoned and speaking judgment based on the material on record. An unreasoned judgment may be just and fair from the point of view of an individual, who had obtained it in his favour. But, to the affected person, it would cause inconvenience and hardship.
Originally, the District Munsiff Court, Dharapuram, in a judgment had held that one K.S. Venugopal was entitled to get the relief of declaration that one property mentioned in a plaint belonged to him as per a will of June 1987. In respect of another property, it held that he was entitled to recover possession from two persons.
As an aggrieved person, one R. Meenakshi filed an appeal before the Subordinate Judge, Dharapuram. The court concluded that the will was not proved. The court answered in her favour. It also held that the plea of Mr. Venugopal that she should be evicted was not to be accepted. It allowed the appeal by setting aside the District Munsiff court judgment.
Dissatisfied, Mr. Venugopal preferred a Second Appeal before the High Court.
Mr. Justice Venugopal said that the Subordinate Judge had not discussed the evidence of witnesses in detail. Yet, the same would not preclude the High Court in arriving at a fair, just and an independent conclusion based on material on record. He held that the will had not been proved as per the Evidence Act. It could not be said that the Subordinate Judge had not considered the material evidence while arriving at a conclusion.
The High Court confirmed the Subordinate Judge's judgment. It dismissed the second appeal.
Courtesy_
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