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Judgment
C.V. Bhadang, J
Heard. Admit. The learned Counsel for the respondent no. 1, waives service. Heard finally by consent of parties.
The challenge in this Revision Application is to the order dated 29.11.2018, passed by the learned Senior Civil Judge, Mapusa, below Exhibit-62 in Regular Civil Suit No. 3/2016. By the impugned order, an application (Exhibit-62), filed by the applicant, for rejection of the plaint, has been dismissed.
On hearing the learned Counsel for the parties and on perusal of the impugned order, it does appear that the impugned order does not refer to any contentions raised and it is practically an unreasoned order. Such a situation cannot be countenanced. The Court deciding a matter in a judicial capacity is expected to refer to the rival contentions raised and to deal with such contentions in reaching a finding one way or the other.
Mr. Desai, the learned Counsel for the respondent no. 1, on instructions, states that in the event, this Court is inclined to interfere with the impugned order, the application Exhibit-62 may be sent back to the Trial Court for deciding it afresh in accordance with law.
Hence, by consent of parties, the following order is passed:
ORDER
(i) The revision application is partly allowed.
(ii) The impugned order dated 29.11.2018, below Exhibit-62, is hereby set aside.
(iii) The application (Exhibit-62) is restored back to the file of the learned Trial Court for deciding it afresh, on its own merits and in accordance with law.
(iv) Rival contentions of the parties are left open.
(v) In the circumstances, there shall be no order as to costs.