Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 27 - Judgment in appeal - Duty of appellate court rr. 31 1908 - Or. XLI |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Civil Procedure, 1908 - Or. XL/, n: 31, 27 - Judgment in appeal - Duty of appellate court - Suit by first respondent-plaintiff against second respondent-defendant for c declaration of title, dismissed by trial court - Appellants, purchasers of various extent. of plots in the suit property from the second responde11t, impleaded in High Court in first appeal - Suit decreed by High Court, reversing the findings of trial court, without giving appellants an opportu11ity to adduce any evide11ce or make a11y submission - On appeal, held: A11 appellate court is the final court D of facts - First appellate court ought to state the points for determinatio11, the decision thereon and the reasons for such decision - Further, when the first appellate court reverses the findi11gs of the trial court, it must record the findi11gs in clear terms explaining how the reasoni11g of the trial court was erroneous - In the instant E case, High Court neither framed the points for determination nor discussed the evidence adduced by the defendant and considered 011ly the evidence adduced by Plaintiff - Being the first appellate court, it should have co11sidered the evidence adduced by both Plaintiff as well as Defenda11t - Before the trial court, only the second respondent-Defendant was the party - However, havingĀ· F impleaded the appellants as parties in the first appeal, High Court ought to have given an opportunity to the appellants to adduce additional evidence to substantiate their claim that they were bona fide purchasers for value - Matter remitted back to High Court for fresh consideration 011 merits - Specific Relief Act, 1963 - s.34. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 1147 |
Petitioner | Laliteshwar Prasad Singh & Ors. |
Respondent | S. P. Srivastava (d) Thr. Lrs. |
SCR | [2016] 11 S.C.R. 1 |
Judgement Date | 2016-12-15 |
Case Number | 4426 |
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