SWARAN LATA GHOSH vs H. K. BANERJEE AND ANR.

The Supreme Court held that under Order X-LIX, rule 3(5) of the Civil Procedure Code, a Judge of a Chartered High Court is not required to record reasons for a judgment in ordinary or extraordinary original jurisdiction. However, the Court emphasized that the exercise of judicial discretion necessitates recording reasons to ensure decisions are not arbitrary and are based on law. In this case, the trial Judge failed to provide reasons despite a contested matter, leading to the conclusion that the burden of proof lay on the first respondent, which was not adequately met due to lack of documentary evidence.