Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code r. 31 – Duty of first Appellate Court – 1908 – Or. XLI |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908 – Or. XLI, r. 31 – Duty of first Appellate Court – Reappreciation of evidence – Consideration of arguments and arriving at findings – Suit was filed by the plaintiff (wife of the uncle of the first defendant) seeking inter alia declaration of two documents i.e. gift deeds as void – Trial Court came to the conclusion that the plaintiff was a pardahnashin lady and the character of the document was not brought to the notice of the plaintiff – Gift deeds were declared void – Trial Court decreed the suit – First Appellate Court dismissed the appeal without reappreciating the evidence led by the parties – In the second appeal, the High Court proceeded to find that the judgment of the trial Court was elaborate and detailed – Also, the contentions of the plaintiff was inevitable and the Courts below was correct in arriving at the findings – On appeal, held: First Appellate Court has not discharged its duties as the first Appellate Court – It is the bounden duty of the first Appellate Court to deal with appeals within the confines of law and keeping in mind the principles which have been enumerated u/Or. XLI, r.31 and various judgments of the Supreme Court – That means the first Appellate Court will reappreciate the evidence, consider the arguments and apply the law and arrive at findings – Only then limiting of the jurisdiction of the High Court to only cases where substantial question of law arises would be justified – Approach to the Supreme Court u/Art. 136 could be on rare occasions only – Therefore, in the interest of justice, the matter remanded to the first Appellate Court. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 433 |
Petitioner | Nemai Chandra Dey (dead) Through Lrs. |
Respondent | Prasanta Chandra (dead) Through Lrs. & Anr. |
SCR | [2022] 4 S.C.R. 1076 |
Judgement Date | 2022-04-19 |
Case Number | 14699-14701 |
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