Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | r.31 Code of Civil Procedure 1908 – Or. XLI |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – Or. XLI, r.31 – Appellants filed a suit against the respondents for specific performance of agreement – Trial Court decreed the suit – Single Judge, High Court set aside the judgment/decree of the trial Court – Aggrieved, appellant filed Letters Patent Appeal before the Division Bench, which dismissed the appeal – Propriety of – Held: Not proper – Case remanded to the Division Bench of the High Court for deciding the LPA afresh on merits in accordance with law – The reason is that the Division Bench dismissed the appeal filed by the appellants(plaintiffs) cursorily without dealing with any of the issues arising in the case as also the arguments urged by the parties in support of their case – In the absence of any application of judicial mind to the factual and legal controversy involved in the appeal and further without even mentioning the factual narration of the case set up by the parties, the findings of the two Courts as to how they dealt with the issues arising in the case in their respective jurisdiction and without there being any discussion, appreciation, reasoning and categorical findings on the issues and why the findings of two Courts below deserve to be upheld or reversed, while dealing with the arguments of the parties in the light of legal principles applicable to the case, it is difficult to sustain such order of the Division Bench – Disposal of LPA by the Division Bench of the High Court not in conformity with the requirements of Or. XLI, r.31 CPC. Judgments/Orders – Reasoned order – Emphasis on Courts to pass reasoned order in every case. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 142 |
Petitioner | G. Saraswathi & Anr. |
Respondent | Rathinammal & Ors. |
SCR | [2018] 2 S.C.R. 548 |
Judgement Date | 2018-02-15 |
Case Number | 2112 |
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