"I have perused the written arguments. None of the contentions raised in the written arguments are considered. In fact, the decisions of the Supreme Court, this Court and Patna High Court have been cited in the written arguments. The same does not find place in the judgment of the Appellate Tribunal. The lower Appellate Court shall keep in mind that written arguments are submitted not for fancy sake. It is a right conferred by the statue to a party to submit the written arguments which are meant for consideration and adjudication. No Court shall ignore the written arguments and refuse to consider the same. If it were to do so, they are liable for action by the Superior Courts. This is nothing short of judicial dishonesty. A Judge is not supposed to exhibit such dishonesty. A Judge is supposed to exhibit extreme patience and give long rope and hear arguments and then pronounce his decision after adjudicating the matter. I find that this is a classic case where the Judge refused to consider the written arguments. He has not considered the decisions cited before him. In such cases, the judgment should not be upheld. It deserves to be set aside since no party can be allowed to leave the Court with dissatisfaction for non-consideration of his arguments. If such things were to happen, the litigant public certainly loses confidence in the judicial systems. I am of the considered view that the Appellate Court's judgment shall not stand for judicial scrutiny before this Court for the learned Judge's failure to consider the written arguments and adjudicate the matter in the light of the written arguments which lead to miscarriage of justice."
Andhra High Court: Kamisetty Pedda Venkata Subbamma ... vs Chinna Kummagandla Venkataiah on 21 December, 2004
Equivalent citations: 2005 (2) ALD 73, 2005 (2) ALT 462
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Courts are burdened with loads of cases. They cannot go through each and every aspect of what is submitted orally and what is submitted in written during first hearing itself. They take time to completely assimilate the essentials of the case and arrive at their judgment. It is job of Advocates to help the Judges to arrive at a decision without having to dig the entire material placed on record by adumbrating them about main points of the case. However this does not mean that if Advocate is not competent enough to adumbrate, the courts have no responsibility to peruse the material placed on record. It should not be the case that people get justice because of Advocate's competence to adumbrate not otherwise. Even if the Advocate/Party in person/Private representative fails to bring it to the notice of judges the essential points involved in the case, it such points are included in the written submissions/arguments, the judge must go through those written submissions/arguments and discuss those points and record reasons as to why he supports them (if he has give judgment in favor of those points) and as to why he does not support them (if he has to give judgment against those points). The Apex court has gone to the extent of describing the act of recording reasons by the courts as principle of natural justice. The Hon’ble Supreme Court in Sri Jain Swetambar Terapanthi Vid (s) vs. Phundan Singh reported in AIR 1999 SC 2322 was considering the validity of an Appellate Court against and grant of injunction. In the said case the Trial Court granted an order of injunction and the Appellate Court upset the order of injunction granted by the Trial Court on the ground that the Trial Court has gone wrong in recording primafacie satisfaction. The Hon’ble Supreme Court set aside the order of the Appellate Court on the ground that the Appellate Court did not discuss the materials on record nor recorded contrary finding.
