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State of Madhya Pradesh - Section

Section 155 in M.P. Civil Court Rules, 1961

155.

(1)When issues are framed the Court must record its findings or decision, with its reasons therefore, separately on each issue which needs division (Order XX, Rule 5). It is not sufficient to record "I find the issue in favour of the plaintiff" or "I find the issue proved", as is sometimes done. Such findings are often ambiguous and may sometimes be entirely misleading. Similarly, when issues are framed in the negative, the findings thereon should always be expressed fully in the form "Defendant did (or did not) receive consideration." "The transaction was (or was not fraudulent)". He is (or is not) liable", etc. In any case the finding must be in plain and distinct terms. When two or more issues are so intermixed or interdependent that there is distinct advantages in taking them up together, they may be so taken up. In the judgement the findings should be recorded immediately opposite the corresponding issues.Note 1. - This also applies to appellate judgements in appeal cases in which issues have been framed.Note 2. - All the issues should be dealt with. It is not enough to dispose of what the trial or appellate Court regards as a vital issue another Court may arrive at a different conclusion on that issue and then in the absence of findings on the other issues, a remand becomes necessary causing great delay.
(2)The use of non-technical words or phrases foreign to the language of the judgement should be avoided as far as possible. If such use is unavoidable the nearest equivalent in the language of the judgement should be added in the brackets. Similarly, when referring to uncommon dates occurring in a document or a deposition the dates according to national calendar should be given in brackets.
(3)Witnesses should be described in the judgement not merely by their numbers but by their names. The names need not, however, be given, on each occasion of reference, at full length, but sufficiently to denote the person meant.