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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Deba Kanta Sarma S/o Late Giridhar Sarma – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. P. Upadhyay, the learned counsel appearing on behalf of the appellant. Mr. D. Nath, the learned Senior Government Advocate appears on behalf of the Respondent State and Mr. T.R. Gogoi, the learned Government Advocate appears on behalf of the respondent Nos. 5 and 6.
2. The instant appeal is filed against the judgment and decree dated 02.08.2018 passed by the learned Civil Judge, Darrang, Mangaldoi (hereinafter referred to as, “the learned First Appellate Court”) in Title Appeal No. 03/2017 whereby the appeal filed by the appellant herein was dismissed, thereby confirming the judgment and decree dated 03.01.2017 passed by the learned Munsiff No. 1, Darrang, Mangaldoi (hereinafter referred to as “the learned Trial Court”) in Title Suit No. 63/2011.
3. The materials on record show that the learned Coordinate Bench of this Court vide an order dated 25.01.2019, admitted the instant appeal by formulating the following substantial question of law:-
1. Whether the judgment and decree passed by the learned First Appellate Court conforms to the provision under Order XLI Rule 31 of the Code of Civil Procedure, 1908 (for short, “the Code”).
4. The question
The First Appellate Court must ensure substantial compliance with procedural norms, even if points for determination are not separately framed, provided all relevant issues are addressed.
The court affirmed that procedural defects in land ownership suits are curable and that the plaintiffs' suit was not barred by limitation, allowing recovery of possession.
Point of Law : Merely giving suggestions and not adducing any evidence to substantiate the same, cannot entitle the plaintiff to a decree as prayed for.
The first appellate court must provide points for determination and adequate reasoning when reversing a trial court's decree, as per Order 41 Rule 31 of CPC.
Compliance with the provisions of Order 41 Rule 31 of the CPC is mandatory for the appellate court before deciding the appeal on its merits.
The judgment emphasizes the need for the First Appellate Court to consciously apply its mind, closely scrutinize the Trial Court's reasoning, and provide reasons for arriving at a different finding.
In property disputes, admissions by the defendant regarding ownership can significantly influence the outcome, and the absence of documentary evidence does not necessarily bar a decree for eviction i....
The First Appellate Court must independently assess evidence and provide detailed findings on all relevant issues, failing which its decision is unsustainable.
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