N.D.PATNAIK
Katta Nageswara Rao – Appellant
Versus
Reddi Saraswathi – Respondent
( 1 ) THIS appeal is filed by the plaintiffs in O. S. No. 1792 of 1981 in the Court of the I Additional District Munsif Guntur. They have filed the suit for declaration and for consequential injunction and also for mandatory injunction. The trial court dismissed the suit. Aggrieved by that Judgment, they filed an appeal A. S. No. 54 of 1986 before the District Court, Guntur. The appeal was dismissed by the III Addl. District Judge, Guntur by his judgment dated 22-7-1991.
( 2 ) THE substantial question of law raised by the appellants in the Second appeal is that the Judgment of the Appellate Court i. e. , the III Additional district Judge, Guntur is not in accordance with the provisions of Order 41, rule 31 CPC, and therefore it is not a Judgment in the eye of law. Order 41, Rule 31 CPC reads as follows:-"the Judgment of the Appellate Court shall be in writing and shall state (a) the points for determination; (b) the decision thereon; (c) the reasons for decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled, and shall bear the date on which it is pronounced and shall be signed by the Judge or the Judges
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