The Allahabad High Court while allowing a petition said it is expected that a judge in the rank of Additional District and Sessions Judge 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.
A Single Bench of Justice Ajit Kumar passed this order while hearing a petition filed by Smt Munni Devi.
By means of the petition filed under Article 227 of Constitution of India, petitioner has assailed the decree passed by the Judge, Small Cause dated 29.02.2024 as well as the order dated 07.11.2024 dismissing his revision-petition.
The sole argument advanced by the counsel for the petitioner for assailing the order passed in revision is that the revisional court did not apply its mind at all to the argument advanced by respective parties before it and after recording their argument simply concluded in the judgment that he did not find any error or illegality in the order assailed and hence the revision-petition was liable to be dismissed.
Upon a pointed query made to the counsel appearing for the landlord-respondent, as to how he could be defending the order passed in revision-petition, Utpal Chatterjee, one of the Advocates for the respondent, very fairly concedes that the recital as contained in the judgment cannot be said to be an adjudication as a result of application of mind by the presiding judge and therefore, requested that the order may be set aside and matter may be remitted to the court below for a decision afresh on merits.
The Court observed that,
Having heard counsel for the respective parties and having perused the order passed by the Judge, Small Causes, namely, Dr Amit Verma, the Additional District and Sessions Judge, Kanpur Nagar, I find that the concerned judge has not rendered at all due application of his mind which was very much required by a judge adjudicating a lis. A mere reference to the arguments of the respective parties does not suffice the need required, for proper adjudication of a lis.
The manner and method in which the revision has been dealt with cannot be approved of by the Court.
No prudent man would be arriving at such an above conclusion just after referring to the arguments of the respective parties and certain authority that were cited with by the respective parties.
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, the Court said.
It is well settled principle that revision has facets of an appeal and therefore, when the revision petition is preferred for there is no appeal available under the relevant statue, it is a duty cast upon the judge to look into all aspects of the matter from both the points of view of the revision applicant as well as respondents in whose favour the decree has been passed,” the Court further said while allowing the petition.
In view of the above, the Court set aside the order dated 07.11.2024.
“The matter is remitted to the court of revision to be decided afresh within a maximum period of two months from the date of production of certified copy of the order. District Judge, Kanpur Nagar, is directed to assign this revision petition again to the same Additional District and Sessions Judge, Kanpur Nagar, if still posted in his judgeship. In the meanwhile and until decision afresh is taken in the revision petition, the decree dated 07.11.2024 passed by the court concerned in SCC Revision No130 of 2024 shall remain stayed,” the order reads.
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