No arbitrary orders, says SC

Remanding the case back to the Delhi High Court 8220;for a fresh decision8221; as the 8220;infirmity in the present judgment is glaring8221;, the apex court said a perusal of the High Court judgment indicate that the suit had been decreed only because of the failure of the defendants in filing the written statement.

8220;This exhibits the annoyance of the court which is natural as no court would allow the proceedings to be delayed or procrastinated,8221; the Supreme Court said. 8220;But this should not disturb the judicial composure which unfortunately is apparent in the instant case as the judgment neither sets out the facts of the case nor does it record the process of reasoning by which the court felt that the case of the plantiff was true and stood proved,8221;the judges emphasised.

The order pointed out that the judgment as defined in Section 29 of the Code of Civil Procedure means the statement given by the judge stating the grounds for a decree or order. What a judgment should contain is indicated in Order 20, Rule 42 which says that a judgment 8220;shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision8221;.