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2019 Supreme(Ker) 906

K.HARILAL, SHIRCY V.
Priya, W/O. Biju Joseph – Appellant
Versus
Biju Joseph, S/o. Joseph – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.C.DHEERAJ RAJAN
For the Respondent: SRI.JOSE J.MATHAIKAL

JUDGMENT :

K.HARILAL, J.

The petitioner herein is the respondent/wife in O.P.No. 1170 of 2017 on the files of the Family Court, Thrissur. This O.P.(FC) has been filed, challenging Exts.P7 and P8 orders passed by the Family Court in I.A. Nos. 2557 of 2019 and 2558 of 2019 respectively in the said O.P.. I.A. No.2557 of 2019 was filed, under Order XI Rule 2 of CPC, seeking leave for submitting interrogatories and I.A. No. 2558 of 2019 was filed with interrogatories, under Order XI Rule 4 of CPC. This O.P.(FC) has been filed on the ground that I.A No. 2557 of 2019, which was filed seeking leave, did not contain the interrogatories. But, the Family Court has granted leave, in advance without looking at the interrogatories, by a non speaking order.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. Going by Exts.P7 and P8 orders, prima facie, we also find that those orders were passed without application of mind, by a non speaking order. It is needless to say that reasoning is the soul of a judgment and a judgment, without reasoning, is not a judgment or order in the eye of law.

4. Ext.P7 is an order granting leave to file interrogatories and Ext.P8

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