Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J
Sangram Basky Son Of Late Chudka Basky – Appellant
Versus
Hauwa Hembrom – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This second appeal has been filed against Judgement dated 30th June, 2016 and decree sealed & signed on 12th of July, 2016 passed by Learned District Judge-II, Giridih in Title Appeal No. 48 of 2008 whereby and where under he has allowed Title Appeal No. 48 of 2008 and has set aside Judgment dated 30th August, 2008 and decree sealed & signed on 18th September, 2008 passed by Learned Additional Munsif-I, Giridih in Title Suit No. 163 of 1991 whereby and whereunder he had decreed Title Suit No. 163 of 1991 in favour of the plaintiffs.
2. This appeal was admitted for hearing vide order dated 16th October, 2019 on the following substantial question of law:-
“Whether the learned appellate court below has decided the appeal without expression any opinion in proper sense and whether in absence of any analysis and reason, the impugned judgment renders it indefeasible?”
Argument of the appellants
3. The learned counsel for the appellants has submitted that Title Suit No. 163 of 1991 was filed by the plaintiffs seeking declaration of title of the plaintiffs over Schedule ‘B’ land and confirmation of their possession over the said property (Except Schedule ‘
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.
The Appellate Court must consider the Trial Court's reasoning and evidence when reversing a decree, as mandated by Order 41 Rule 31 of the CPC.
The appellate court must independently assess evidence and reasoning of the trial court, especially in reversals, to ensure adherence to procedural mandates.
Civil Suit - Execution of Decree - First appellate court being final court of fact must not record mere general expression of concurrence with trial court judgment; rather it must give reasons for it....
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 First Appellate Court must independently assess evidence and provide detailed findings on all relevant issues, failing which its decision is unsustainable.
The validity of the amendment to the original notification under the Estates Abolition Act, 1948 and its impact on the plaintiff's rights to the suit property.
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
