Lawstreet Journal

Reason is the heartbeat of every conclusion, and without the same it becomes lifeless, says Gujarat High Court.

Lawstreet Journal 2 Mar 2022 8:46am

Image courtesy: Lawstreet Journal Judiciary Reason is the heartbeat of every conclusion, and without the same it becomes lifeless, says Gujarat High Court.

The statement was made by the Bench of Justice Ashok Kumar Joshi, in pursuance of a writ petition challenging the judgement of the Appellate Court. The appellate Court had allowed the condonation of 2 years and 5 months of the party in filing the execution petition, against the judgement of the Civil Judge, and upon improper merit.

The Court said, “Reasoned order furthers the cause of justice as well as avoids uncertainty it helps in the observance of law of precedent. Lack of reasons introduces an element of uncertainty, dissatisfaction and give entirely different dimensions to the questions of law raised before the higher/appellate courts. The Court should provide its own grounds and reasons for rejecting claim/prayer of a party whether at the very threshold i.e. at the admission stage or after regular hearing, howsoever precise they may be...The aforesaid should be weighed with by all the Presiding Officers while dealing with a case”

Case background:

In a suit seeking declaration and permanent injunction a compromise was made between the parties. There was a delay of about 2 years and 5 months from the respondent’s (original applicant), in filing the execution petition. They therefore filed condonation of delay, which was upheld by the first appellate court.

The Petitioners stated that there was substantial error on the Respondents end for delaying the execution petition by 15 years and the condonation should not have been permitted, whereas the Respondent stated that the Court condoned the delay only upon comprehending the essential facts… Continue Reading...

Tagged: Gujarat High Court  
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