Judges at threshold of the system come across peculiar ground realities and some new type of situations, arguments. Something in these is basically new not seen before.
Sometimes these appear contradictory, confusing , illogical , manufactured, opposed to morality , against settled laws.
They are so.
Judges at ground level come across these type of incomprehensible newer arguments and rightly cannot accept or act upon such arguments because of the laws as declared by courts of record.
Still the ground level jdiciary must not close its eyes to such incidents , arguments , pleadings , situations.
Decide the point at hand as per the law of the land on the specified date you are applying your mind.
But try to incorporate the silent points of pleadings, situations, arguments, evidences, materials before you in the judgement and simply disagree briefly commenting that they do not confirm to prudence of common man and the law of the land as on this day.
But let the imaginative argument, real peculiar gound reality cone to notice so that if situation so warrants, hgher courts can take note of new argument, situation, incident, pleadibg and higher court can be aware of ground reality.
This helps new growth of law and justice.
Let not hope for justice die.
Let the person on the other side feel that they have been heard and their point has been taken note of .
