Case Name : Manjula & Ors vs Shyamsundar & Ors Case Reference: LL (2021) SC 52 Case Number: CA 6744/2013 Court: Supreme Court Bench: 02 Coram: S Abdul Nazeer, Surya Kant Date: 27.01.2021
CPC - Section 96 provides for filing of an appeal from decree passed by a court of original jurisdiction and CPC - Order XLI rule 31 provides guidelines to the appellate court for deciding the appeal. The appellate court must state:
- The points for determination
- The decision thereon
- The reasons for the decision
- The relief to which the appellant is entitled if the decree appealed from is reversed or varied.
The appellate court has jurisdiction to reverse or affirm the findings of the trial court. An appeal is a continuation of the original proceedings and the appellate court’s jurisdiction involves a rehearing of appeal on questions of law as well as fact.
The first appeal is a valuable right and at that stage all questions of fact and law decided by the trial court are open for reconsideration.
The appellate court’s judgment mut reflect conscious application of mind and mut record the court’s finding supported by reasons for decisions in respect of all issues along with the contentions put forth and pressed by the parties.
The requirements of CPC - Order XLI rule 31 are mandatory and non-observance of these requirements leads to infirmity in the judgment.
– Refer also:
Judgment name
See also: CPC - Order XLI rule 31