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Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): J. Chelameswar, Abhay Manohar Sapre , JJ

Civil P.C. (5 of 1908) , S.100— Second appeal - Deciding cursorily by High Court - Not proper - Matter remanded. In second appeal it was legally obligatory upon the High Court to properly set out the case of the parties, findings recorded by the Trial Court and the first Appellate Court, arguments of the parties on the questions of law framed and then answer the questions framed in the light of law applicable to the controversy involved by giving its reasoning. O. 20, R. 4(2) and R. 5 read with O. 41, Rule 31 provides for this requirement. The High Court in the instant case neither set out the case of the parties from their pleadings properly nor mentioned the findings recorded by the Trial Court and nor of the first appellate court. The High Court also did not examine the case in the context of legal provisions governing the issues and nor dealt with any submissions urged by the parties much less to record categorical finding on the questions framed. Thus the manner in which the High Court cursorily decided the appeal, was not proper. In such circumstances Supreme Court remanded the matter.(Para 18 20 21) .....