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ADVOCATEMMMOHAN -  Practicing both IN CIVIL, CRIMINAL AND FAMILY LAWS,Etc.,

Sunday, May 17, 2015

No Judicial Officer expected to shut his mouth in Bench

No Judicial Officer is expected to sit with mouth shut in open court - No Transfer Petition Maintainable on that ground alone - Trail Judge - opined that Or.38, rule 5 C.P.C. is a proper petition rather than Or.39, rule 1 and 2 C.P.C. - adjourned the case several times as the respondent absent despite of allegations that the respondents are going to alienate the properties - their lordships held that expressing an opinion is not an advise to the party and further held that A Judge, who is presiding the Court, cannot be expected to be a mere silent spectator.  In fact, Judges have to play an active role. They should not and need not allow the parties or advocates to argue for hours together on the same points or on an issue when it is clear that in an application or a suit or a proceeding is not maintainable.  There is nothing wrong if a Judge openly says that a particular petition is not maintainable.  It cannot be treated as an advise to a party. Sometimes, Judges may be seeking further information, clarification or assistance from the advocates while arguing the matters. Knowing or unknowingly, sometimes, they may even go to the extent of expressing  their view about the maintainability or otherwise of a petition or a suit.  If the request of the petitioner is accepted, it amounts to giving a direction to all the Presiding Officers to shut their mouth while conducting the Court proceedings and this cannot be allowed - 2015 A.P. (2013) MSKLAWREPORTS

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