ORDER :

1. Being aggrieved and dissatisfied with the judgment and order dated 23.3.2021 passed by the learned 3rd Additional District Judge, Porbandar in Regular Civil Appeal No.12 of 2015, the appellant has filed the present Appeal.

2. Heard learned Counsel appearing for the appellant. Though notice is served, learned advocate for the respondent did not remain present on earlier occasion. Today, also learned advocate for the respondent is not present, at the time of hearing of the appeal. Therefore, this Court has no other option but to proceed with the appeal.

3. I have perused the judgment and order passed by both the Courts below and also taken into account the material placed on record of the appeal.

4. The learned First Appellate Court has in very capricious manner decided the appeal pending before the Court. On the basis of only one issue and one paragraph, the Appeal was decided by the learned First Appellate Court in very casual manner. The First Appellate Court has to apply its mind independently and frame the issues appropriately and independently. The provisions of Order 41 of C.P.C. provides that how the Appellate Court has to deal with the Appeal under Section 96 of the C