ANOOP KUMAR DHAND
Ramsahay – Appellant
Versus
Shyopyari Devi – Respondent
ORDER
1. This petition arises from the judgment dated 15.12.2022 passed by the Board of Revenue (for short 'the Board') by which the appeal filed by the respondents has been allowed and the judgment and decree dated 28.10.2014 passed by the Revenue Appellate Tribunal, Jaipur (for short 'the RAA') has been quashed and set aside and the matter has been remanded back to decide the same afresh while recording finding on every each issues involved in the matter.
2. Learned counsel for the petitioner submits that while passing the judgment and decree dated 28.10.2014, the RAA has recorded a cogent finding on issue Nos.1 to 3. Counsel submits that the RAA has passed the judgment dated 28.10.2014, after appreciating the evidence available on the record and the same has been quashed by the Board erroneously, on the technical count that RAA has not decided the appeal by formulating the issues and point wise consideration in terms of Order 41 Rule 31 CPC and there was no occasion or reason available with the Board to remand the matter back to the RAA for rewriting of the judgment. Counsel submits that the entire evidence and material was available with the Board and the Board itself could have
The appellate court must adhere to Order 41 Rule 31 CPC, ensuring all points of determination are addressed with reasoned judgments.
Mandatory compliance with procedural requirements under Order 41 Rule 31 of the CPC is essential for valid appellate judgments; non-compliance renders decisions unsustainable.
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 must comply with the provisions of Order 41 Rule 31 of the Civil Procedure Code, independently assess the evidence, and give reasons for its decision on each point independe....
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 while deciding the appeal, and the requirement for the Appellat....
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....
The First Appellate Court is required to comply with the provisions of Order 41 Rule 31 of C.P.C. and decide the appeal in accordance with law on merits after framing points for determination as envi....
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C., the requirement for the appellate court to independently assess the evidence, and the need ....
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....
Mandatory compliance with Order 41 Rule 31 of the C.P.C is required for the First Appellate Court while deciding the First Appeal.
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