Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908 – s. 100 and s.103 – Second Appeal – Appellant had filed suit for possession of the property in dispute on the basis of a sale deed dated 26.09.1978 – Respondent contended that no such sale took place – The Trial Court, after looking into the evidence had dismissed the suit of the appellant – The First Appellate Court (District Judge) reversed the findings of the Trial Court and decreed the suit in favour of the appellant – The High Court in the second appeal upheld the findings of the Trial Court and dismissed the suit of the appellant – On appeal, held: The High Court had noted that the First Appellate Court had considered irrelevant material and had erred in appreciating the legal issue involved – After highlighting the legal infirmities of the judgment of the First Appellate Court, and answering the substantial question of law framed in favour of the respondents, it appears that the High Court did not note that the First Appellate Court, due to its erroneous approach, had failed to consider the evidence in the correct light – In such a circumstance, it would have been appropriate for the High Court to remand the matter to the First Appellate Court to determine the factual issues in light of the legal point as decided by it, or should have itself taken a decision on the facts u/s. 103 of the Civil Procedure Code – Instead, after negativing the observations and holding of the First Appellate Court, the High Court mechanically upheld the decision rendered by the Trial Court – High Court decided the appeal without any assessment of the evidence on record – Accordingly, the order of the High Court is set aside and the matter is remanded to the High Court for fresh consideration of the appeal, on facts and law |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2021 INSC 94 |
Petitioner | Narayan Sitaramji Badwaik (dead) Through Lrs |
Respondent | Bisaram And Others |
SCR | [2021] 1 S.C.R. 701 |
Judgement Date | 2021-02-17 |
Case Number | 6124 |
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