The Apex Court held that Judicial orders/quasi-judicial orders passed by any court/tribunal/authority deciding the lis between parties should be supported by reasoning and parties as well as appellate courts are entitled to know the reason behind passing the said order.
The above ratio was passed by the Apex Court in the case of Kushum Devi vs. Sheopati Devi and Ors, Civil Appeal No. 3448-3449 of 2019 decided 08.04.2019.
The appellant filed an eviction petition against the Respondent being Misc. 18/1990. By order dated 19.04 1996, the Civil Judge decreed the suit and passed an order thereby passing eviction order against the Respondent. Aggrived by the said order, the Respondent filed appeal before the ADJ, Fatehpur. The appellate court allowed the appeal and reversed the order of the Civil Judge. The appellant/petitioner approached the High Court at Allahabad, which was also dismissed by the impugned order in absence of the Appellant/ Petitioner herein. The Appellant/ Petitioner herein filed an application for recalling the said order which was also dismissed by the High Court citing the reason that the power of review of the judicial order is very limited and is restricted to the illegality on the face of it which, as per the order of the High Court, was not there in the impugned order. Being aggrieved by the impugned order and order on the recall application, the Appellant/Petitioner filed the present Special Leave Petition. –
The Apex Court observed that it has been decided in catena of judgments that a judicial order without any reason deserved to be struck down. The Apex Court held that since the order of the High Court dismissing the Writ of the Appellant/Petitioner herein is devoid of reasoning therefore, deserves to be struck down. The Apex Court remanded back the case on the ground that the said order neither does contain any issues, arguments, reasons in arriving at the decision.