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RAJENDRA M. SAREEN
Patel Darghabhai Meghrajbhai – Appellant
Versus
Koli Vaghabhai Varsangbhai – Respondent
ORDER :
1. The appellant is the original defendant whereas the respondent is the original plaintiff. The plaintiff filed Regular Civil Suit No.17 of 2019 against the defendant before the Civil Court. As per the case of the plaintiff, the plaintiff and the defendant are family relation and before the suit transaction, the defendant had borrowed money as a loan from the plaintiff for 3 to 4 times and that time, the defendant had repaid such loan amount.
2. It is the case of the plaintiff that on 10/1/2008 the defendant requested to the plaintiff to have Rs.1,80,000/- as a loan and therefore, plaintiff advanced such amount and for that the defendant has drawn promissory note in favour of the plaintiff.
3. It is also the case of the plaintiff that when the time had ripen for the amount, the plaintiff demanded such amount and at that time the defendant had made promise but since the defendant had not paid the amount and therefore on 23/5/2008, the plaintiff served legal notice through lawyer for demanding the amount for which promissory note is drawn and upon receiving vague reply on 3/6/2018, the plaintiff filed the Civil Suit to the effect that the defendant shall be directed to repay
Mandatory compliance with Order 41 Rule 31 of the CPC in deciding the first appeal.
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 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 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 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 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 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 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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