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Sunday, November 15, 2015

WRITING JUDGMENT IS AN ART


Passing verdict is like labour pain : Justice Devadas, Madras HC Judge said.

"Writing judgment is an art and the process of pronouncing it is akin to suffering a labour pain."  The Judge said: ‘A judgment must be clear and tell very clearly what is the relief granted and what is the relief refused and the decree must be drawn up in consonance with that. ’Aggrieved by a court order and faulting the manner in which the verdict was written the respondent filed a petition saying the order was vague and lacked reason.

Jusice Devadas who heard the appeal said that the decree has not been ‘ happily worded ‘. ‘The trial court merely observing the operative part of the judgment that the suit is decreed or the appellate court disposing of an appeal against a dismissed suit observing that the appeal is allowed without specifying the relief to which the successful party was entitled to would tantamount to failure on the part of the author of the judgment to discharge the obligation cast on him by the provisions of CPC ‘ .
He further observed that ‘writing/pronouncing a judgment is an essential function of the court and writing judgment is an art and akin to a delivery pain. So much importance is attached to the judgment of the court it should avoid objections and complexities arising at the stage of its execution.

Hoping that NOV 24 will be the final hearing with no more adjournments and no more appeals with any hidden agenda we pray that the verdict expected to be given is crystal clear sans any ambiguity and should say what is the relief granted and from when and who are all the beneficiaries and whether it is in rem

R.K.VISWANATHAN