ORDER :

1. Leave granted.

2. This appeal is filed against the judgment and decree dated 19.08.2006 passed in Regular First Appeal No. 238 of 2004.

3. Learned counsel for the appellant, after taking us through the impugned judgment, submitted that the same cannot be sustained since being a Regular First Appeal the High Court ought to have considered the evidence on record and findings recorded by the trial Judge. In other words, according to the counsel, the impugned judgment and order cannot be sustained in the absence of appreciation of evidence and acceptability of the findings recorded by the trial Court.

4. Learned counsel for the respondents supported the impugned decision of the High Court.

5. In the light of the limited submission, we have carefully perused the reasoning of the High Court and we agree with the contention raised by the counsel for the appellant.

6. In a series of decisions, this Court has highlighted how a regular first appeal is to be disposed of, particularly, in the light of Order 41 Rule 31 CPC. It mandates that the appellate Court has to frame points for determination, decision thereon, reasons for the decision and where the decree appealed from is reversed or