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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Qamrunnisa – Appellant
Versus
Tamizan – Respondent
| Table of Content |
|---|
| 1. second appeal's admission criteria. (Para 2 , 4) |
| 2. arguments on framing points of determination. (Para 3 , 6 , 10) |
| 3. standards for substantial questions of law. (Para 5 , 7 , 9 , 11) |
| 4. findings of fact cannot be revisited. (Para 12) |
ORDER :
SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri R.U. Ansari, learned counsel for appellants. None appeared on behalf of respondents.
2. This is a defendants’ second appeal of the year 1978 and pending for last more than 48 years.
3. Present second appeal was admitted vide order dated 07.04.1979 on substantial questions of law as stated in Grounds No. 1 and 6 of memo of appeal, which are reproduced hereinafter:
“i) Because the provisions of Order 41 Rule 31 C.P.C. are mandatory, the Court below has acted illegally and in excess of its jurisdiction in completely violating the provisions of aforesaid Rule, therefore, the judgment and decree passed by the court below is not sustainable in law.
vi) Because the Valuation of the suit for the purpose of the jurisdiction was fixed Rs. 19,500/-, the learned Munsif where the suit was instituted by the plaintiff could entertain the suit upto valuation of Rs. 5000/- only. The suit was instituted by the
Second appeals must address substantial questions of law; failure to demonstrate such questions results in dismissal. The need for procedural compliance in appellate procedures is essential for valid....
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 requirement for the First Appellate Court to comply with the provisions of Order 41 Rule 31 of the Civil Procedure Code, including in....
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 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....
The First Appellate Court is obligated to comply with the provisions of Order 41 Rule 31 of C.P.C. and independently assess the evidence and consider the relevant points for adjudication.
The First Appellate Court must comply with the mandatory requirements of Order 41 Rule 31 of C.P.C. and properly assess the evidence, apply its mind, and decide the case considering the material on r....
The First Appellate Court must comply with the provisions of Order 41 Rule 31 of C.P.C. by independently assessing the evidence, formulating specific points for determination, and giving reasons for ....
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 ....
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