Case Note & Summary
The dispute arose from a writ petition filed by the petitioner seeking to set aside the proceedings dated 18.07.2022, wherein the Trial Court recorded a memorandum of facts during a local inspection in a suit for permanent injunction. The petitioner contended that the Trial Court's action was impermissible as it occurred before the recording of evidence and while an application for temporary injunction was pending. The respondents supported the Trial Court's actions, arguing that the memorandum was not subject to challenge unless referenced in an order. The Court analyzed the provisions of Order XVIII Rule 18 of the Code of Civil Procedure, 1908, which allows for local inspections but emphasizes that such inspections should not precede the recording of evidence. The Court found that the Trial Court had prematurely exercised its power by conducting the inspection and recording facts without first hearing the evidence, which could lead to prejudicial outcomes for the plaintiff. Consequently, the Court allowed the writ petition and set aside the impugned memorandum of facts, ruling that it could not serve as a basis for the judgment in the case.
Headnote
A) Civil Procedure - Local Inspection - Premature Conduct of Inspection - Code of Civil Procedure, 1908, Order XVIII Rule 18 - The Trial Court conducted a local inspection and recorded a memorandum of facts before recording evidence, which was deemed premature and erroneous. The Court held that such actions could prejudice the plaintiff's case and thus set aside the memorandum of facts recorded by the Trial Court (Paras 10-12).
Issue of Consideration
Whether the Trial Court erred in conducting a local inspection and recording a memorandum of facts before the evidence was recorded in the suit for permanent injunction.
Final Decision
The writ petition was allowed, and the impugned proceedings dated 18.07.2022 recording the memorandum of facts in O.S.No.290/2022 by the I Additional Civil Judge and JMFC, Malavalli, was set aside. No order as to costs.
Law Points
- Local inspection
- memorandum of facts
- temporary injunction
- Order XVIII Rule 18 CPC
- judicial discretion
