Findings /decision, ignoring vital evidence / material
Legal Principle - Grounds argued but were not considered in the Decision - Order – Proper Application for review or clarification must be made before moving at Appellate Forum:
The final submission of Shri Ramamurthi was that several other questions were raised in the writ petition before the High Court but they were not considered.
We attach no significance to this submission. It is not unusual for parties and counsel to raise innumerable grounds in the petitions and memoranda of appeal etc., but, later, confine themselves, in the course of argument to a few only of those grounds, obviously because the rest of the grounds are considered even by them to be untenable, No party or counsel is thereafter entitled to make a grievance that the grounds not argued were not considered.
If indeed any ground which was argued was not considered it should be open to the party aggrieved to draw the attention of the Court making the order to it by filing a proper application for review or clarification.
The time of the superior courts is not to be wasted in enquiring into the question whether a certain ground to which no reference is found, in, the judgment of the subordinate court was argued before that court or not? (Supreme Court of India – 1985)
