In a judgment delivered on 25 April 2019 (file no. 30 Cdo 1016/2018), the Supreme Court considered the use of judicial discretion when determining the extent of an injured party’s liability.
The court found that assessments of an injured party’s liability can never be a matter for judicial discretion under section 136 of the Civil Procedure Code. This is because the said provision clearly states that it only applies in cases where the basis for a claim has been established and it should only be used to quantify damages or the scope of another remedy.