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RAJENDRA M. SAREEN
Ranabhai Alias Gagubhai Gigabhai Modhwadiya – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. ADMIT. Ms.Megha Chitaliya, learned AGP waives service of notice of admission on behalf of the respondent No.1 and Mr.Tushar Sheth, learned advocate waives service of notice of admission on behalf of the respondent No.2.
2. Present Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellants – original appellants/plaintiffs against the Judgement and Decree dated 12/04/2022 passed by the learned 2nd Additional District Judge, Keshod in Regular Civil Appeal No.11 of 2018, by which the learned first appellate court dismissed the appeal confirming the judgement and decree dated 05/03/2018 passed by the learned Principal Senior Civil Judge, Keshod in Regular Civil Suit No.119 of 2012 (Old RCS No.94/2014), by which the learned Civil Judge dismissed the suit.
3. The appellate Court framed the following Issues :-
(2) What Order?”
3. Heard Ms.Meghna Patel, learned advocate appearing on behalf of Mr.Ashish Dagli, learned advocate for the appellants, Ms.Megha Chitalia, lea
The main legal point established in the judgment is the mandatory compliance with the provisions of Order 41 Rule 31 of the CPC, which requires the First Appellate Court to frame points for determina....
The First Appellate Court's failure to comply with the provisions of Order 41 Rule 31 of the CPC, which require the court to frame specific points for determination and provide reasoned discussion on....
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C. and the Bombay Civil Manual by the First Appellate Court while deciding the appeal.
The First Appellate Court's obligation to independently assess evidence and frame specific points for determination in accordance with Order 41 Rule 31 of C.P.C. to ensure a judicial decision-making ....
The First Appellate Court's obligation to independently assess evidence and frame specific points for determination as required by Order 41 Rule 31 of the C.P.C. is mandatory and failure to comply ma....
The main 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 in....
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C. by the First Appellate Court, emphasizing the need for independent assessment of evidence, f....
The main legal point established in the judgment is the mandatory requirement for the First Appellate Court to frame specific points for determination and independently assess the evidence, as per Or....
The First Appellate Court is obligated to comply with the mandatory requirements of Order 41 Rule 31 of C.P.C. and decide the appeal in accordance with law on merits after framing points for determin....
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