The revision petitioners/Judgment Debtors have filed this civil revision petition as against the order dated 25.6.2009 made in R.E.A.No.159 of 2008 in R.E.P.No.49 of 2007 in O.S.No.128 of 1999 passed by the learned Subordinate Judge, Sankari in allowing the application under Order 6 Rule 17 of CPC etc., filed by the respondent/Decree holder to amend the Execution petition.
2. The Executing Court, while passing orders in REA.No.159 of 2008 in REP.No.49 of 2007 in O.S.No.128 of 1999 has passed the following.
"Heard. Perused. Petition allowed.'
3. The learned counsel for the revision petitioners/judgment debtors urges before this Court that the Executing Court in the order dated 25.6.2009 in REA.No.159 of 2008 in R.E.P.No.49 of 2007 in O.S.No.128 of 1999 has passed a cryptic and non speaking order and in short, the said order of the Executing Court does not contain any outline process of reasoning when it comes to the conclusion of allowing the application and on this simple ground alone, the civil revision petition has to be allowed by this Court,inasmuch as the said order floats on the surface with a less speaking order or non speaking order in the eye of law.
4. It is well settled principles of law that ' a Court of law is enjoined to pass a reasoned order ascribing the reasons vividly as to how it has arrived at the conclusion in allowing or rejecting the application based on the given set of facts in the matter in issue. As a matter of fact, the order of the Executing Court in REA.No.159 of 2008 in REP.No.49 of 2007 in O.S.No.128 of 1999 dated 25.6.2009 to the fact that' Heard. Perused. Petition allowed" does not in the considered view of this Court reflects the process of reasoning in a qualitative and quantitative manner and there is no exhibition of forensic ability of the Executing Court in analysing the entire matter in proper perspective(which is required to be dealt with by a Court of Law) and therefore , this Court on the basis of Equity, Fairplay, Good conscience and even as a matter of prudence allows this civil revision petition in furtherance of substantial cause of justice.
5. In the result, the civil revision petition is allowed. The order passed by the Executing Court in REA.No.159 of 2008 in REP.No.49 of 2007 in O.S.No.128 of 1999 dated 25.6.2009 is set aside. The Executing Court is directed to restore REA No.156 of 2008 on its file and to pass order afresh on merits and while passing orders, the trial Court is directed to pass a reasoned order on merits expressing its outline of reasoning when it arrives at a conclusion in the manner known to law. No costs. Consequently, connected M.P.No.1 of 2009 is closed.
17.12.2009 Index:Yes Internet:yes sg To The Subordinate Judge, Sankari M.VENUGOPAL,J sg CRP.NPD.NO.4089 of 2009 17.12.2009