NDLI: R. S. Anjayya Gupta Vs. Thippaiah Setty & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	formidable issues first appellate court to analyse entire evidence s.96 and Or.41 r. 31 CPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – s.96 and Or.41,r. 31 – Respondent no.1 (original plaintiff) filed a suit for partition of certain properties against appellant (defendant no.1), respondent no.2 (defendant no.2), and original defendant no.3-father – Respondent no. 1 pleaded that suit properties were purchased ostensibly in the name of the appellant, however, the said properties were purchased from joint family funds – The appellant/defendant no.1 denied that suit properties were purchased by family from joint family funds or they belonged to the Joint Hindu family and submitted that he was absolute owner thereof since he had purchased it out of his own funds – Trial Court found it in favour of respondent no.1/plaintiff and partitioned the suit properties amongst the parties – High Court upheld the findings of the Trial Court – Review Petition was rejected – On appeal, held: The first appellate court must analyse the entire evidence produced by the concerned parties and express its opinion in the proper sense of the jurisdiction vested in it and by elucidating, analysing and arriving at the conclusion that the appeal is devoid of merit – In the impugned judgment High Court after reproduction of the submission made by the parties, straightaway proceeded to affirm the opinion of the Trial Court – Appellant has also raised formidable issues on facts as well as on law which ought to receive proper attention of the High Court, the first instance in exercise of powers u/s.96 of CPC – Additionally, some of the documents which were crucial, were not exhibited although the same were submitted during the trial – Thus, parties relegated before the High Court for consideration of the first appeal afresh.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2019 INSC 699
Petitioner	R. S. Anjayya Gupta
Respondent	Thippaiah Setty & Ors.
SCR	[2019] 8 S.C.R. 869
Judgement Date	2019-07-01
Case Number	7418

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R. S. Anjayya Gupta Vs. Thippaiah Setty & Ors.

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