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CASE NO.:

Appeal (civil) 2083 of 2006

PETITIONER:

Gurdev Kaur & Ors.

RESPONDENT:

Kaki & Ors.

DATE OF JUDGMENT: 18/04/2006

BENCH:

Ruma Pal & Dalveer Bhandari

JUDGMENT:

J U D G M E N T

[Arising out of SLP (C) No. 20797 of 2003]

Dalveer Bhandari, J.

Leave granted.

Judges must administer law according to the provisions

of law. It is the bounden duty of judges to discern legislative

intention in the process of adjudication. Justice administered

according to individual’s whim, desire, inclination and notion

of justice would lead to confusion, disorder and chaos.

Indiscriminate and frequent interference under Section

100 C.P.C. in cases which are totally devoid of any substantial

question of law is not only against the legislative intention but

is also the main cause of huge pendency of second appeals in

the High Courts leading to colossal delay in the administration

of justice in civil cases in our country.

Despite declaration of law in numerous judgments, it is

evident that the scope and ambit of Section 100 C.P.C. has not

been properly appreciated and applied in a large number o