ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings.Holding that revision is to be treated as an appeal where remedy of appeal is not specifically available, Justice Ajit Kumar held“From a judge in the rank of Addl. District and Sessions Judge it is expected that he would not only apply his judicial mind to issues raised but also be dealing with the arguments advanced on behalf of the respective parties very meticulously to arrive at findings which would be reflecting a sound judicial approach of a varied and wide experience of such a judicial officer.”Petitioner challenged the order of the Small Causes Court dismissing its revision petition on grounds that the Court did not apply its mind to the arguments advanced by the parties before rejecting the revision. The Court observed that the Judge was bound to adjudicate on the lis, which was not done. It was observed that the Judge, SCC had merely stated that based on the arguments and pleadings, the order impugned did not call for any interference. Disapproving the manner in which the Additional District and Sessions Judge, Court No.16, Kanpur Nagar had dealt with the case, Justice Kumar held “Every judge who has to adjudicate the points on the issue raised in the matter, is not only required to refer to the arguments advanced on behalf of respective parties but also to deal with the same to arrive at a conclusion as to whether the judgment assailed is suffering from any error of law or facts or there is some gross error in assessment and analysis of the evidence by the court whose order has been challenged.”Accordingly, the order dismissing the revision was set aside and the case was remitted back to the same Additional District and Sessions Judge, Court No.16, Kanpur Nagar to pass fresh orders. The Court further directed the Registrar General of the High Court to circulate the order in all judgeships. Case Title: Smt. Munni Devi v. Smt. Shashikala Pandey [MATTERS UNDER ARTICLE 227 No. - 15798 of 2024]Click Here To Read/Download Order

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

Upasna Agrawal

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