Order 41 Rule 31 CPC | First Appellate Court Ought To Consider Evidence On Record, In Particular Those Relied Upon By Trial Court: Supreme Court

Order 41 Rule 31 CPC | First Appellate Court Ought To Consider Evidence On Record, In Particular Those Relied Upon By Trial Court

Case: Somakka (Dead) By Lrs. v. K.P. Basavaraj (Dead) By Lrs.

Coram: Justices S. Abdul Nazeer and Vikram Nath

Case No.: Civil Appeal No (S). 1117 Of  2009

Court Observation: “Contents, date and signature of Judgment”

“The Judgment of the Appellate Court shall be in writing and shall state­ (a) the points determination; (b) the decision thereon; the reasons for the decision; and (d) where decree appealed from is reversed or varied, the relief to which the appellant is entitled, and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring therein.”

“Neither did it deal with the statements or the other documentary evidence on record and only on a bald statement of the respondent which according to it, was mentioned in the order of the Land Tribunal that respondent was jointly cultivating the said land along with his father held that it became a joint family estate and, accordingly, reduced the share of the appellant to 1⁄4 (one fourth) from 1/2 (one half).”

“From the above settled legal principles on the duty, scope and powers of the First Appellate Court, we are of the firm view and fully convinced that the High Court committed a serious error in neither forming the points for determination nor considering the evidence on record, in particular which had been relied upon by the Trial Court. The impugned judgment of the High Court is thus unsustainable in law and liable to be set aside.”

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Keywords

Order 41 Rule 31 CPC, First Appellate Court, Evidence On Record

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