1931 (9) TMI 8 - HC - Indian Laws

Appeal allowed, findings set aside for lack of evidence. Remanded for fresh trial with new issues.

Sowkabai Pandharinath Rajapurkar Versus Tukojirao Holkar

The Court allowed the appeal, setting aside the findings of fact due to insufficient evidence to address the issues as framed. The matter was remanded for ... - Issues:1. Preliminary issues framed on the maintainability of the suit against the defendant, a former Ruling Chief of the Indore State.2. Interpretation of the preliminary issues framed by the Chamber Judge and subsequent issues directed by Mr. Justice Wadia.3. Consideration of whether the acts complained of were done by the defendant in his capacity as the Ruling Prince of Indore or by the Government of Indore.4. Examination of whether the acts complained of were acts of State.5. Determination of whether the suit should be dismissed based on the findings of the issues.Analysis:The judgment involves an appeal from the decision of Mr. Justice Wadia on preliminary issues regarding the maintainability of a suit against the defendant, a former Ruling Chief of the Indore State. The plaintiff alleged various wrongful acts by the defendant, including taking possession of the plaintiff's house, its contents, and valuable ornaments, as well as wrongfully imprisoning the plaintiff. The defendant denied these allegations and claimed that the property in question belonged to another individual. The Chamber Judge directed a preliminary issue to determine the suit's maintainability against the defendant in his capacity as the Ruling Chief of the Indore State. However, subsequent issues were framed by Mr. Justice Wadia to clarify whether the acts complained of were done by the defendant in his official capacity or as an individual.The judgment raised concerns about the interpretation of the issues framed, particularly the first issue, which appeared to be more of a factual inquiry rather than a legal one. The ambiguity in the wording of the issue led to confusion regarding whether the acts complained of were admitted for the purpose of the inquiry. The judgment highlighted the procedural aspects under Order XIV of the Civil Procedure Code, emphasizing the need for clear and unambiguous framing of issues to facilitate a fair trial. The judgment concluded that the evidence presented was insufficient to address the issues as framed, necessitating a reevaluation of the case with properly formulated issues to cover all points of dispute between the parties.Ultimately, the Court allowed the appeal, setting aside the findings of fact due to the inadequacy of evidence to address the issues as framed. The matter was remanded back to the trial judge with directions to frame issues in a conventional manner and conduct a fresh trial. The judgment also addressed the cost implications, reserving the costs of the trial of the issues to be determined by the trial judge, with the plaintiff's costs in the appeal to be treated as costs in the cause, and the defendant to bear his own costs of the appeal. Justice S.S. Rangnekar concurred with the decision.