# Umesh Chand Revisionist v. Pappu

- **Citation:** (2023) 11 ILRA 456
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-10-05
- **Case number:** S.C.C. Revision No. 25 of 2021
- **Bench:** Prakash Padia
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/umesh-chand-revisionist-v-pappu-49357
- **Pages:** 10

## Headnote

Ms. Babita Upadhyay, Sri Sanjeev Kumar Gaur

Non speaking judgment and decree-Suit
filed for arrear of rent and ejectment of the
defendant-respondent from the shop-various
papers/documents were filed by the parties
before the court below - without considering the
same, the issue no. 1 decided against the
plaintiff-revisionist-judgment should be a selfcontained document -from which it should
appear as to what were the facts of the case
11 All. Umesh Chand Vs. Pappu
457
and what was the controversy -the process of
reasoning by which the Court came to the
ultimate conclusion and decreed the suit should
be reflected clearly in the judgment-impugned
judgment and decree set aside. (E-9)

Cases cited:

## Text

456 INDIAN LAW REPORTS ALLAHABAD SERIES

This court has noticed that the detenu
since his birth was residing with his father.
He is presently 4 1/2 years of age and for a
brief period of about four months, he
resided with respondent No.4. He has
expressed his wish to stay with his father.
As said above, even the summons have not
been issued in the complaint case. Charges
are yet to be framed. The father being the
natural guardian is entitled to the custody
of his child in view of the judgment
inTejaswini Gaud's case (supra).

12. On due consideration to the
submission advanced and perusal of the
record, it appears that initially after death
of mother of the detenu on 20.11.2019, the
respondent No.4 was very much present in
the hospital along with the deponent. The
signature of respondent No.4 on the
treatment papers, precisely page No.14 of
the petition, is on record, statement of the
deceased at page 15 before the doctor go to
show that there was no dispute whatsoever
between the parties at that time. Thereafter,
on 26.7.2021, the detenue was taken by
respondent No.4.

It appears that the dispute started when
the deponent wanted custody of the detenu
back from respondent No.4 which was
given by him temporarily which was
resisted by respondent No.4 and then, after
two years, he filed an application under
section 156(3) CrPC on 21.8.2021 on
which
first
information
report
was
registered on 13.12.2021.

Considering the fact that the custody
of the detenu has been given back to the
deponent by this court vide order dated
10.12.2021, father is the natural guardian
under section 6 of the Guardians & Wards
Act, coupled with the choice of the detenu
who is 4 1/2 years old and has expressed
his willingness to reside with the deponent
who is father, in peculiar facts of this case,
I am of the opinion that at this stage,
transferring the custody of the detenu to
respondent No.4 may not be in the best and
overall interest of the child as for around 4
years, he has lived with his father.

For the reasons aforesaid, the petition
is allowed and the interim order dated
10.12.2021 is confirmed. The deponent is
permitted to continue with custody of the
detenu, however, the respondent No.4 shall
have the visiting rights on every fortnight
on Sunday between 10.00a.m. and 5.00p.m.
at the residence of the deponent. However,
in case of changed circumstance by virtue
of Court's order, it shall be open for
respondent No.4 to approach this Court for
change of custody.
----------
(2023) 11 ILRA 456
REVISIONAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 05.10.2023

BEFORE

THE HON'BLE PRAKASH PADIA, J.

S.C.C. Revision No. 25 of 2021

Umesh Chand ...Revisionist
Versus
Pappu ...Respondent

Counsel for the Revisionist:
Sri Rahul Pandey, Sri Gaurav Gautam

Counsel for the Respondent:
Ms. Babita Upadhyay, Sri Sanjeev Kumar Gaur

Non speaking judgment and decree-Suit
filed for arrear of rent and ejectment of the
defendant-respondent from the shop-various
papers/documents were filed by the parties
before the court below - without considering the
same, the issue no. 1 decided against the
plaintiff-revisionist-judgment should be a selfcontained document -from which it should
appear as to what were the facts of the case
11 All. Umesh Chand Vs. Pappu
457
and what was the controversy -the process of
reasoning by which the Court came to the
ultimate conclusion and decreed the suit should
be reflected clearly in the judgment-impugned
judgment and decree set aside. (E-9)

Cases cited:

1. Yashpal Lal Shiv Narayan Vs Allah Tala Malik
Waqf Azkhan AIR 2006 IL 115

2. R.V.E. Venkatachala Gounder Vs Arulmigu
Viswesaraswami and V.P. Temple & anr.
reported in (2003) 0 Supreme (SC) 994

3. Nanhe Vs Saiyad Tasadduq Husain (1912) 15
Oudh Cases 78

4. Thippaiah & ors.Vs Kuri Obaiah, ILR 1980 (2)
Karnataka 1028

5. Dineshwar Prasad Bakshi Vs Parmeshwar
Prasad Sinha, AIR 1989 Patna 139

6. U.O.I. & ors.Vs Manager, Jain and Associates
(2001) 3 SCC 277

7. St. Bank of India & anr. Vs Ajay Kumar Sood
(2023) 7 SCC 282

(Delivered by Hon'ble Prakash Padia, J.)

1. Heard Mr. Gaurav Gautam, learned
counsel for the plaintiff-revisionist and Ms.
Babita Upadhyay, learned counsel for the
defendant-respondent.

2. The present revision has been filed
with the prayer to set aside the judgement
and decree dated 20.02.2021 passed by
Judge, Small Causes/Additional District
Judge, Bulandshahr in Small Causes Case
No.6
of
2017
(CNR
No.UPBU07000992017) by which suit
filed
by
the
plaintiff-revisionist
was
dismissed.

3. The facts in brief as contained in
the affidavit filed in support of the present
revision are that the plaintiff-revisionist
filed a case being Small Causes Case No.6
of 2017 in the Court of Small Causes
Court/
Additional
District
Judge,
Bulandshahr, for arrear of rent and
ejectment of the defendant-respondent from
the shop in dispute situated at Mohalla
Nehruganj, Kasba, Pargana and Tehsil
Anupshahr, District, Bulandshahr. The
plaintiff had let out his shop to the
defendant-respondent on rent of Rs.4,000/-
per month. The rent was not received from
defendant
since
1.3.2015,
and
the
defendant is continuously using the shop in
question. In this regard, a registered notice
under Section 106 of Transfer of Property
Act, was sent by the plaintiff-revisionist to
the defendant-respondent on 18.9.2017 but
the premise in question was not vacated by
the defendant-respondents, hence the suit
was filed.

4. In the aforesaid suit, the defendantrespondent has filed his written statements
on 9.3.2018 denying the statement made in
the plaint. Reply to the aforesaid, a written
statement was filed by the plaintiffrevisionist on 9.4.2018.

5. In the aforesaid suit following
issues were framed before the court below
:-

"5- पक्षकारों के अजिवचनों के आधार पर जनम्नजलजित
जवजनश्चय जबन्दु जवरजचत जकये गये-

1- क्या वादी जववाजदत दुकान का िवन स्वामी ह और
प्रजतवादी उसमें 4000 /- रुपये प्रजतमाह की दर से जकरायेदार ह
तथा पक्षकारों के मध्य िवन स्वामी व जकरायेदार का सम्बन्ध
स्थाजपत ह ?

2- क्या प्रजतवादी के द्वारा जकराये की अदायगी में चूक की
गयी ह ?

3- क्या जववाजदत दुकान पर उ०प्र० अजधजनयम संख्या 13
सन् 1972 के प्रावधान लागू नही होते ह ?
458 INDIAN LAW REPORTS ALLAHABAD SERIES

4- क्या प्रजतवादी की जकरायेदारी व ध नोजटस के माध्यम से
समाप्त की गयी ह ?

5- क्या वाद धारा 23 पी०एस०सी०सी० एक्ट के प्रावधान
से बाजधत ह ?

6- अनुतोर् ?

वाद जवन्दु के सम्बन्ध में पहले से पत्रावली पर साक्ष्य
उपलब्ध ह अन्य साक्ष्य की आवश्यकता नही ह ।"

6. The first and the main issue was
that whether there is a relationship of
landlord and tenant or not. The aforesaid
issue was decided against the plaintiffrevisionist. Finding were recorded by the
court below that there is no relationship of
landlord and tenant. Since the first and
main issue was decided against the
plaintiff-revisionist, the other issues were
also
decided
in
the
same
manner.
Aggrieved against the aforesaid, the present
revision has been filed by the plaintiffrevisionist.

7. It is argued by learned counsel for
the plaintiff-revisionist that the court below
completely overlooked the evidences filed
by the plaintiff-revisionist, reference of
which has been made in paragraph 6 of the
order impugned. It is further argued that the
trial court failed to appreciate the fact that
ownership of the shop in question was
proved vide order dated 16.9.2019 and the
house tax receipt of Nagar Palika revealed
that the shop was a rented shop and the
notice under Section 106 of Transfer of
Property Act was duly served on the
defendant-respondent. It is further argued
that the trial court overlooked the mandate
of Section 106 of Transfer of Property Act,
1882 which provides that the tenancy/ lease
can also be created orally and the same has
been affirmed by this Hon'ble Court in case
of Yashpal Lal Shiv Narayan Vs. Allah
Tala Malik Waqf Azkhan AIR 2006 IL 115.
Learned
counsel
for
the
plaintiff
-
revisionist has also placed reliance upon
the judgment passed by Hon'ble Apex
Court in case of R.V.E. Venkatachala
Gounder Vs. Arulmigu Viswesaraswami
and V.P. Temple and another reported in
(2003) 0 Supreme (SC) 994, wherein it has
been held that the entires in house tax
register will be admissible as evidence of
possession and in absence and in absence
of legal claim to the property, entries made
in municipal record will be treated as
evidence of ownership and in the present
case the defendant-respondent failed to
prove the ownership of the shop in
question. It is further argued that the
defendant-respondent
has
nowhere
questioned about the municipal tax receipt
or the sale-deed and the order passed by the
District Magistrate under Section 143 of
U.P. Z.A. & L.R. Act. Lastly, it is argued
that the court below has not appreciated the
entire evidence and statement made by the
plaintiff-revisionist.

8. On the other hand, it is argued by
the learned counsel appearing on behalf of
the defendant-respondents that there is no
relationship between the landlord and
tenant. The shop in question was build-up
on the land belongs to the opposite party. It
is further argued that the suit is barred by
Section 93 of U.P. Revenue Code, 2006.
The user of the land still has not been
changed and hence the plaint is liable to be
rejected as per provision contained under
Section 123 of the Provincial Small Causes
Court Act. It is further argued that since the
plaintiff-revisionist was not able to proof
that there exists any tenancy, the issue was
decided against him. It is further argued
that the order was rightly passed by the
court below and the same does not call for
any interference by this Court specially in
the fact that the revisionist is not the owner
of the property on which the shop in
11 All. Umesh Chand Vs. Pappu
459
question is situated. It is further argued that
plaintiff-revisionist has not filed any rent
agreement/rent receipt, hence the order
passed by the court below against him.

9. Heard learned counsel for the
parties and perused the record.

10. After going through the record, it
transpires
that
though
various
papers/documents were filed by the parties
before the court below but without
considering the same, the issue no. 1 has
been
decided
against
the
plaintiffrevisionist.

11. When a query in this regard has
been made by the Court from the counsel
for the defendant-respondents that whether
these papers or documents were taken into
consideration or not. It is very fairly argued
by learned counsel for the defendantrespondents that though various relevant
papers/documents filed before the court
below but the same were not taken into
consideration while deciding the issues.

12. Ultimately, it is agreed between
the parties that the order passed by the
court below is a non-speaking order and the
same has been passed without considering
the relevant aspects of the matter.

13. In this view of the matter, the
Court is of the opinion that since the order
passed by the court below is a non speaking
order, the same is liable to be set aside and
the direction be given to the court below to
decide the matter afresh in accordance with
law.

14. The Judgment" as defined in
Section 2(9) of the Code of Civil Procedure
means the statement given by the Judge on
the grounds of a decree or order. What a
judgment should contain is indicated in
Order 20, Rule 4 (2) which says that a
judgment :

" shall contain a concise statement of
the case, the points for determination, the
decision thereon and the reasons for such
decision"

15. It should be a self-contained
document from which it should appear as to
what were the facts of the case and what
was the controversy which was tried to be
settled by the Court and in what manner.
The process of reasoning by which the
Court came to the ultimate conclusion and
decreed the suit should be reflected clearly
in the judgment.

16. In an old case, namely, Nanhe vs.
Saiyad Tasadduq Husain (1912) 15 Oudh
Cases 78, it was held that passing of a mere
decree was material irregularity within the
meaning of Section 115 of the Code and
that even if the judgment was passed on the
basis of the admission made by the
defendant, other requirements which go to
constitute "judgment" should be complied
with.

17. In Thippaiah and others vs. Kuri
Obaiah, ILR 1980 (2) Karnataka 1028, it
was laid down that the Court must state the
grounds for its conclusion in the judgment
and the judgment should be in confirmity
with the provisions of Section 2(9) of the
Code of Civil Procedure.

18. In Dineshwar Prasad Bakshi vs.
Parmeshwar Prasad Sinha, AIR 1989
Patna 139, it was held that the
judgment pronounced under Order 8
Rule 10 must satisfy the requirements
of "judgment" as defined in Section
2(9) of the Code.
460 INDIAN LAW REPORTS ALLAHABAD SERIES

19. In the case of Union of India and
others Vs. Manager, Jain and Associates
reported in (2001) 3 SCC 277 it is held that
before pronouncing judgment the court has
to apply its mind to arrive at the
conclusion. Relevant paragraph being
Paragraph 11 of the aforesaid judgement
reads as follows :-

"The result isbefore pronouncing
judgment, the Court has to apply its mind
to arrive at the conclusion whether there is
any cause to modify or remit the award.
Further the phrase pronounce judgment
would itself indicate judicial determination
by reasoned order for arriving at the
conclusion that decree in terms of award be
passed. One of the meaning given to the
word Judgment in Websters Comprehensive
Dictionary [International Edition, Vol. I
(1984)] reads thus : the result of judging;
the decision or conclusion reached, as after
consideration or deliberation. Further,
Order XX Rule 4(2) C.P.C. in terms
provides that Judgment shall contain a
concise statement of case, the points for
determination, the decision thereon, and
the reasons for such decision. This is
antithesis to pronouncement of nonspeaking order."

20. Very recently Hon'ble Apex Court
in the case of State Bank of India and
another Vs. Ajay Kumar Sood reported in
(2023) 7 SCC 282 has elaborated as to
what should be the content of a judgement.
The paragraphs 12 to 25 and 27 & 28 reads
as follows :-

12. Earlier too, in State of Himachal
Pradesh v. Himachal Aluminium and
Conductors, Civil Appeal No.5032 of
2022, Supreme Court of India, Sarla Sood
v. Pawan Kumar Sharma, Special Leave
to Appeal (C) No. 7768-7769 of 2017,
Supreme Court of India this Court had to
remand the proceedings arising out of
similar judgments of the High Court of
Himachal Pradesh, so that orders could be
passed afresh in language which is capable
of being understood. In Shakuntala Shukla
v. State of Uttar Pradesh as well, (2021)
SCC OnLine SC 672, a two Judge Bench
of this Court, was faced with an order of
the High Court of Judicature at Allahabad
which made it difficult to discern between
the submissions of counsel and the reasons
of the court. Laying emphasis on the
purpose
of
a
judgment,
this
Court
elaborated on what should be the content of
a judgment. The court observed that:

33. [...] "Judgment" means a judicial
opinion which tells the story of the case;
what the case is about; how the court is
resolving the case and why. "Judgment" is
defined as any decision given by a court on
a question or questions or issue between
the parties to a proceeding properly before
court. It is also defined as the decision or
the sentence of a court in a legal
proceeding along with the reasoning of a
judge which leads him to his decision. The
term "judgment" is loosely used as judicial
opinion or decision. Roslyn Atkinson, J.,
Supreme Court of Queensland, in her
speech once stated that there are four
purposes for any judgment that is written:

i) to spell out judges own thoughts;

ii) to explain your decision to the
parties;

iii) to communicate the reasons for the
decision to the public; and

iv) to provide reasons for an appeal
court to consider

34. It is not adequate that a decision
is accurate, it must also be reasonable,
logical and easily comprehensible. [....]
What the court says, and how it says it, is
11 All. Umesh Chand Vs. Pappu
461
equally important as what the court
decides.
35. Every judgment contains four basic
elements and they are (i) statement of
material (relevant) facts, (ii) legal issues or
questions, (iii) deliberation to reach at
decision and (iv) the ratio or conclusive
decision. A judgment should be coherent,
systematic and logically organised. It
should enable the reader to trace the fact
to a logical conclusion on the basis of
legal principles. It is pertinent to examine
the important elements in a judgment in
order to fully understand the art of reading
a judgment. In the Path of Law, Holmes J.
has stressed the insentient factors that
persuade a judge. A judgment has to
formulate findings of fact, it has to decide
what the relevant principles of law are, and
it has to apply those legal principles to the
facts. The important elements of a judgment
are:

i) Caption

ii) Case number and citation

iii) Facts

iv) Issues

v) Summary of arguments by both the
parties

vi) Application of law

vii) Final conclusive verdict

36. The judgment replicates the
individuality of the judge and therefore it is
indispensable that it should be written with
care and caution. The reasoning in the
judgment should be intelligible and
logical. Clarity and precision should be
the goal. All conclusions should be
supported by reasons duly recorded. The
findings and directions should be precise
and specific. Writing judgments is an art,
though it involves skillful application of
law and logic. We are conscious of the fact
that the judges may be overburdened with
the pending cases and the arrears, but at
the same time, quality can never be
sacrificed for quantity. Unless judgment is
not in a precise manner, it would not have a
sweeping
impact.
There
are
some
judgments that eventually get overruled
because of lack of clarity. Therefore,
whenever a judgment is written, it should
have clarity on facts; on submissions made
on behalf of the rival parties; discussion on
law points and thereafter reasoning and
thereafter the ultimate conclusion and the
findings and thereafter the operative
portion of the order. There must be a clarity
on the final relief granted. A party to the
litigation must know what actually he has
got by way of final relief. The aforesaid
aspects are to be borne in mind while
writing the judgment, which would reduce
the burden of the appellate court too. We
have come across many judgments which
lack clarity on facts, reasoning and the
findings and many a times it is very difficult
to appreciate what the learned judge wants
to convey through the judgment and
because of that, matters are required to be
remanded
for
fresh
consideration.
Therefore, it is desirable that the judgment
should have a clarity, both on facts and law
and on submissions, findings, reasonings
and the ultimate relief granted.

(emphasis supplied)

13. Amidst an overburdened judicial
docket, a view is sometimes voiced that
parties are concerned with the outcome and
little else. This view proceeds on the basis
that parties value the outcome and not the
reasoning which constitutes the foundation.
This view undervalues the importance of
the judicial function and of the reasons
which are critical to it. The work of a judge
cannot be reduced to a statistic about the
disposal of a case. Every judgment is an
incremental step towards consolidation and
change. In adhering to precedent, the
judgment
reflects
a
commitment
to
462 INDIAN LAW REPORTS ALLAHABAD SERIES
protecting legal principle. This imparts
certainty to the law. Each judgment is
hence a brick in the consolidation of the
fundamental precepts on which a legal
order is based. But in incremental steps a
judgment addresses the need to evolve and
to transform by addressing critical issues
which confront human existence. Courts
are as much engaged in the slow yet not so
silent process of bringing about a social
transformation. How good or deficient they
are in that quest is tested by the quality of
the reasons as much as by the manner in
which the judicial process is structured.

14. Lord Burrows of the Supreme
Court of the United Kingdom, in his speech
at the Annual Conference of Judges of the
Superior Courts in Ireland stressed upon
the importance of clarity, coherence and
conciseness in judgment writing Lord
Burrows, (Lord Burrows Justice of the
Supreme Court of the United Kingdom,
Judgment-Writing: A Personal Perspective,
Annual Conference of Judges of the
Superior Courts in Ireland, 20 May 2021).
Lord Burrows also noted the importance of
the judgment being written in a manner
that it is accessible to all considering its
wide and varied potential audience. He
noted :

For
senior
judges,
one's
target
audience
must
include
the
parties
themselves, the legal advisers to those
parties, other judges, other practising
lawyers, academic lawyers and students,
and last but by no means least the public at
large.

Lord Burrows also reiterates the view
of Lord Bingham, that a judgment which is
unclear or not concise and therefore
inaccessible may contradict the rule of law
:

(T)here is the view that a judgment
that is unclear or not concise and therefore
inaccessible may contradict the rule of law.
The great Lord Bingham - a master of
judgment-writing if ever there was one-
suggested this in his book, The Rule of Law.
Having laid down as his first concretised
element of the rule of law that the law must
be accessible' he went on as follows:

'The judges are quite ready to criticise
the obscurity and complexity of legislation.
But those who live in glass houses are illadvised to throw stones The length
elaboration and prolixity of some common
law judgments can in themselves have the
effect of making the law to some extent
inaccessible.'

15. In a piece of academic writing,
Justice Daphne Barak-Erez of the Supreme
Court of Israel distinguished between
academic writing and judgment writing.
While alluding to the importance of
judgments being written in an accessible
manner
(Justice
Daphne
Barax-Erez.
Wrting
Law
Reflections
on
Judicial
Decisions
and
Academic
Scholarship
(2015) 41 -1 QUEEN'S LAW JOURNAL
255), Justice Daphne Barak-Erez notes:

For
judges,
the
professional
community is only one of their several
audiences. Judges write first and foremost
for the parties appearing before them, for
the state's agents who are in charge of
enforcement, and for the public. Although
judgments
are
professional
legal
documents, and sometimes involve complex
technical and legal analyses, they should
also be accessible, or at least explicable, to
people who are not professionals, as they
define the law for a larger community.

16. A judgment culminates in a
conclusion. But its content represents the
basis for the conclusion. A judgment is
hence a manifestation of reason. The
reasons provide the basis of the view which
the decision maker has espoused, of the
balances which have been drawn. That is
why reasons are crucial to the legitimacy of
11 All. Umesh Chand Vs. Pappu
463
a judge's work. They provide an insight into
judicial analysis, explaining to the reader
why what is written has been written. The
reasons, as much as the final conclusion,
are open to scrutiny. A judgment is written
primarily for the parties in a forensic
contest. The scrutiny is first and foremost
by the person for whom the decision is
meant - the conflicting parties before the
court. At a secondary level, reasons furnish
the basis for challenging a judicial
outcome in a higher forum. The validity of
the decision is tested by the underlying
content and reasons. But there is more.
Equally significant is the fact that a
judgment speaks to the present and to the
future. Judicial outcomes taken singularly
or in combination have an impact upon
human lives. Hence, a judgment is
amenable to wider critique and scrutiny,
going beyond the immediate contest in a
courtroom.
Citizens,
researchers
and
journalists continuously evaluate the work
of courts as public institutions committed to
governance under law. Judgment writing is
hence a critical instrument in fostering the
rule of law and in curbing rule by the law.

17. Judgment writing is a layered
exercise. In one layer, a judgment addresses
the concerns and arguments of parties to a
forensic contest. In another layer, a
judgment addresses stake-holders beyond
the conflict. It speaks to those in society
who are impacted by the discourse. In the
layered formulation of analysis, a judgment
speaks to the present and to the future.
Whether or not the writer of a judgment
envisions it, the written product remains for
the
future,
representing
another
incremental step in societal dialogue. If a
judgment does not measure up, it can be
critiqued and criticized. Behind the layers
of reason is the vision of the adjudicator
over the values which a just society must
embody and defend. In a constitutional
framework, these values have to be
grounded in the Constitution. The reasons
which a judge furnishes provides a
window- an insight into the work of the
court in espousing these values as an
integral element of the judicial function.

18.
Many
judgments
do
decide
complex questions of law and of fact.
Brevity is an unwitting victim of an
overburdened judiciary. It is also becoming
a victim of the cut- copy-paste convenience
afforded by software developers. This Court
has been providing headings and subheadings to assist the reader in providing a
structured
sequence.
Introduced
and
popularized in judgment writing by Lord
Denning, this development has been
replicated across jurisdictions supra (Lord
Burrows)."

19. Lord Neuberger, the former
President of the Supreme Court of the
United Kingdom, discussed in the course of
a lecture [Lord Neuberger, No JudgmentNo Justice, First Annual British and Irish
Legal
Information
Institute
(BAILII)
Lecture
(20
November
2012)]
the
importance of clearly written judgments:

A
second
small
change
worth
considering would be for more judges to
give better guidance to the structure and
contents of their longer Judgments. Some
judges already provide a clear framework,
sometimes with a table of contents, a
roadmap, at the beginning, and often with
appropriate
headings,
signposts,
throughout the Judgment. Kimble's study
confirms that this is not just a good
discipline but it is what the legal
professional readers want, and, if it is what
lawyers want, it is a fortiori what non-
lawyers will want. A clear structure aids
accessibility.

20. It is also useful for all judgments
to carry paragraph numbers as it allows
for ease of reference and enhances the
464 INDIAN LAW REPORTS ALLAHABAD SERIES
structure, improving the readability and
accessibility of the judgments. A Table of
Contents in a longer version assists access
to the reader.

21. On the note of accessibility, the
importance of making judgments accessible
to persons from all sections of society,
especially persons with disability needs
emphasis. All judicial institutions must
ensure that the judgments and orders being
published by them do not carry improperly
placed watermarks as they end up making
the documents inaccessible for persons
with visual disability who use screen
readers to access them. On the same note,
courts and tribunals must also ensure that
the version of the judgments and orders
uploaded is accessible and signed using
digital signatures. They should not be
scanned versions of printed copies. The
practice
of
printing
and
scanning
documents is a futile and time-consuming
process which does not serve any purpose.
The practice should be eradicated from the
litigation process as it tends to make
documents
as
well
as
the
process
inaccessible for an entire gamut of citizens.

22. In terms of structuring judgments,
it would be beneficial for courts to
structure them in a manner such that the
'Issue, Rule, Application and Conclusion'
are easily identifiable. The well-renowned
'IRAC' method generally followed for
analyzing
cases
and
structuring
submissions can also benefit judgments
when it is complemented by recording the
facts and submissions.

23. The 'Issue' refers to the question of
law that the court is deciding. A court may
be dealing with multiple issues in the same
judgment. Identifying these issues clearly
helps structure the judgment and provides
clarity for the reader on the specific issue
of law being decided in a particular
segment of a judgment. The 'Rule' refers to
the portion of the judgment which distils
the
submissions
of
counsel
on
the
applicable law and doctrine for the issue
identified. This rule is applied to the facts
of the case in which the issue has arisen.
The analysis recording the reasoning of a
court forms the 'Application' section.

24. Finally, it is always useful for a
court to summarize and lay out the
'Conclusion'
on
the
basis
of
its
determination of the application of the rule
to the issue along with the decision vis-àvis
the
specific
facts.
This
allows
stakeholders, especially members of the bar
as well as judges relying upon the case in
the future, to concisely understand the
holding of the case.

25. Justice M.M. Corbett, Former
Chief Justice of the Supreme Court of South
Africa, in a lecture at an orientation course
for new judges," (Justice M.M. Corbett,
Writing a Judgment-Address at the First
Onentation Course for New Judges, (1998)
115 SOUTH AFRICAN LAW JOURNAL
116) recommended a similar structure
which facilitates orderliness and produces
a logical, flowing judgment;

(a) An introductory section:

(b) Setting out of the facts:

(c) The law and the issues;

(d) Applying the law to the facts;

(e) Determining the relief (including
order for costs); and

(f) Finally, the order of the Court.

26.......................

27. While we have laid down some
broad guidelines, individual judges can
indeed have different ways of writing
judgments and continue to have variations
in their styles of expression. The expression
of a judge is an unfolding of the recesses of
the mind. However, while recesses of the
mind may be inscrutable, the reasoning in
judgment cannot be. While judges may
have their own style of judgment writing,
11 All. Kapil Kumar & Ors. Vs. State of U.P. & Ors.
465
they must ensure lucidity in writing across
these styles. This has also been captured by
Justice Corbett (Ibid)," in the following
extract :

For lucidity should be the prime aim
of any judgment-writer. At the same time,
certain aspects of style have a bearing on
lucidity. In this connection, my advice (for
what it is worth) is to keep your language
and your sentence construction simple.
Write in short sentences and do not try to
pack too many ideas into a single
sentence. Particularly in setting out facts,
try to maintain a simple, straightforward
flow to your narrative. Try to avoid the
repetition of words or phrases and observe
the normal rules of grammar. A wellknown exponent of simple language and the
simple sentence was Lord Denning.

(emphasis supplied)

28. Echoing a similar sentiment,
Justice Michael Kirby, a distinguished
former judge of the High Court of Australia
notes: (Justice Michael Kirby, On the
Writing of Judgment, (1990) 64 Australian
Journal 691 ):

Brevity, simplicity and clarity. These
are the hallmarks of good judgment
writing. But the greatest of these is clarity.

21. In this view of the matter, the
Court is of the opinion that the judgement
and decree dated 20.02.2021 passed by
Judge, Small Causes/Additional District
Judge, Bulandshahr is liable to be set aside
and the same is hereby set aside.

22. Since the suit in question was
filed initially in the year 2017 and
pleadings have already been exchanged, the
court concerned is directed to decide the
aforesaid suit strictly in accordance with
law most expeditiously and preferably
within a period of one year from the date of
receipt of the order without granting any
unnecessarily adjournment unless there is
no legal impediment.

23. It is made clear that status quo as
on today shall be maintained between the
parties till disposal of the suit.

24. Office is directed to return
original records to the court below
forthwith.
----------
(2023) 11 ILRA 465
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 31.10.2023

BEFORE

THE HON'BLE MANOJ KUMAR GUPTA, J.
THE HON'BLE MANISH KUMAR NIGAM, J.

Special Appeal No. 93 of 2023
with
Special Appeal Nos. 14 of 2023, 15 of 2023
with Special Defective Appeal Nos. 122 of 2023
and 163 of 2023

Kapil Kumar & Ors. ...Appellants
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Appellants:
Sri Prashant Mishra, Sri Tarun Agrawal

Counsel for the Respondents:
C.S.C.

A. Recruitment - Selection Process -
Answer Key - Judicial Review - Intra-court
appeals challenging dismissal of writ petitions
seeking declaration of success in written
examination for Constable (Civil Police) and
Provincial Armed Constabulary (PAC) posts -
Question No. 68 of Test Booklet B, Series 17 -
Final answer key changed correct answer from
option 'C' to 'D' without provision for objections
- Appellants' marks marginally below cut-off -
Expert opinion from IIT Kanpur confirmed
option 'C' as correct - Court held Recruitment
Board's change of answer key irrational -