HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Arshibhai Ranmalbhai – Respondent
ORDER :
1. Being aggrieved and dissatisfied by the impugned judgment and order dated 14.10.2019 passed by the learned Principal District Judge, Gir-Somnath at Veraval in Regular Civil Appeal No.7 of 2017, the appellant – State Authority has preferred the present second appeal.
2. Heard learned Assistant Government Pleader appearing for the appellant – State Authority. Though served, nobody appears on behalf of the respondent.
3. Learned Assistant Government Pleader appearing for the appellant has submitted that the First Appellate Court has not properly determined the substantial questions of law and, therefore, the appeal deserves to be allowed.
4. Considering the facts of the case and materials place on record, it appears that the First Appellate Court has not framed any substantial questions of law. I have also perused the impugned judgment and order passed by the Courts below. In my opinion, under Order 41 Rule 31 of the Civil Procedure Code (hereinafter be referred to as “the Code”), the First Appellate Court is bound to frame points for consideration, however, the same is not done. The provisions of Order 41 of the Civil Procedure Code provides that how the First Appellate Court
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Mandatory compliance of Order 41 Rule 31 of the Civil Procedure Code and the requirement for the First Appellate Court to independently assess the evidence and frame points for consideration.
The central legal point established in the judgment is the mandatory requirement for the First Appellate Court to comply with the provisions of Order 41 Rule 31 of the Civil Procedure Code, including....
The central legal point established in the judgment is the mandatory nature of compliance with Order 41 Rule 31 of the Civil Procedure Code, requiring the First Appellate Court to frame points for co....
Compliance with Order 41 Rule 31 of the Civil Procedure Code and the Bombay Civil Manual is mandatory for the First Appellate Court, which must independently assess the evidence and provide reasons f....
Mandatory compliance with Order 41 Rule 31 of the Civil Procedure Code and the requirement for the First Appellate Court to independently assess evidence and frame points for determination.
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of the Civil Procedure Code by the First Appellate Court and the requirement for the Court to independ....
Compliance with procedural requirements, including the obligation to frame points for consideration under Order 41 Rule 31 of the Civil Procedure Code, is mandatory for the First Appellate Court in d....
The main legal point established in the judgment is the mandatory nature of complying with Order 41 Rule 31 of the Civil Procedure Code and the requirement for the appellate court to independently as....
Mandatory compliance with Order 41 Rule 31 of the Civil Procedure Code and the need for the First Appellate Court to independently assess evidence and frame points for consideration.
Mandatory compliance with Order 41 Rule 31 of the Civil Procedure Code and the need for the First Appellate Court to independently assess evidence and frame points for consideration.
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