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JASPREET SINGH
Firojunnisa – Appellant
Versus
Hasmunnisa – Respondent
ORDER :
1. Heard Shri Prashant Jaiswal, learned counsel for the appellant and Shri Nazam Zafar, learned counsel appearing for the respondent.
2. The instant second appeal has been preferred by the defendant-appellant against the judgment and decree dated 04.04.1983 passed by the 4th Additional District Judge, Gonda in Civil Appeal No. 292 of 1980, whereby the suit filed by the plaintiff-respondent dismissed by the trial court was set aside and the appeal was allowed decreeing the suit in part. The instant second appeal was admitted on the following two substantial questions of law:
(ii) As to whether the First Appellate Court could have reversed the finding of the trial court without considering the evidence, meeting the reasons of the trial court and was it sound a exercise of jurisdiction in terms of Section 96 read with
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....
Mandatory compliance with Order 41 Rule 31 of the Civil Procedure Code for the First Appellate Court to independently assess evidence, frame points for consideration, and decide the appeal in accorda....
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 must comply with the provisions of Order 41 Rule 31 of the C.P.C, independently assess the evidence, and give reasons for its decision on each point independently.
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 is obligated to comply with the provisions of Order 41 Rule 31 of C.P.C. and recent pronouncements of the Hon’ble Apex Court and the High Court, and failure to do so may res....
The main legal point established in the judgment is the mandatory requirement for the first appellate court to comply with Order 41 Rule 31 of the Civil Procedure Code and Rule 414 of the Bombay Civi....
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