Case Note & Summary
The case involves a second appeal filed by the appellants (plaintiffs) against the judgment of the lower appellate court which reversed the trial court's decree. The trial court had considered all issues arising from the plaintiff's pleadings and decreed the suit. However, the lower appellate court, while reversing the decision, failed to consider all those issues. The second appeal was admitted on a substantial question of law regarding the non-consideration of issues. The High Court, after hearing the appellant's counsel (respondents absent), found that the lower appellate court's judgment suffered from non-consideration of material issues. Consequently, the High Court allowed the appeal, set aside the lower appellate court's judgment, and remanded the matter for fresh consideration in accordance with law. The court directed the parties to appear before the lower appellate court on a specified date.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Non-consideration of Issues - The lower appellate court reversed the trial court's decision without considering all issues arising from the plaintiff's pleadings as taken into account by the trial court. Held that such non-consideration raises a substantial question of law warranting interference under Section 100 of the Code of Civil Procedure, 1908. (Para 1)
Issue of Consideration
Whether non-consideration of all issues arising out of plaintiff's pleading as taken into account by the trial court, while reversing the decision by the lower appellate court, raises a substantial question of law.
Final Decision
The second appeal is allowed. The judgment and decree of the lower appellate court are set aside. The matter is remanded to the lower appellate court for fresh consideration in accordance with law. The parties are directed to appear before the lower appellate court on 20-06-2022.
Law Points
- Substantial question of law
- Non-consideration of issues
- Reversal of trial court decision
- Duty of appellate court
Case Details
2022 LawText (BOM) (04) 23
Second Appeal No. 341 of 1992
Mrs. Pooja V. Langhe for the appellants
Narayan S/o. Bhaurao Kados (minor) and Kantabai W/o. Bhaurao Kados
Gangadhar S/o. Dhuraji Kados (since deceased, by heirs Digambar and Ashok)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Second appeal against reversal of trial court's decree in a civil suit.
Remedy Sought
Appellants sought to set aside the lower appellate court's judgment and restore the trial court's decree.
Filing Reason
The lower appellate court reversed the trial court's decision without considering all issues arising from the plaintiff's pleadings.
Previous Decisions
Trial court decreed the suit in favor of the plaintiffs; lower appellate court reversed the decree.
Issues
Whether non-consideration of all issues arising out of plaintiff's pleading as taken into account by the trial court, while reversing the decision by the lower appellate court, raises a substantial question of law.
Submissions/Arguments
Mrs. Langhe, learned Advocate for the appellants, argued that the lower appellate court failed to consider all issues arising from the plaintiff's pleadings as considered by the trial court.
Ratio Decidendi
Non-consideration of all issues arising out of the plaintiff's pleading as taken into account by the trial court, while reversing the decision by the lower appellate court, raises a substantial question of law under Section 100 of the Code of Civil Procedure, 1908.
Judgment Excerpts
Non consideration of all the issues arising out of plaintiff’s pleading as taken into account by the trial court, while reversing the decision by the lower Appellate Court raises a substantial question of law.
Procedural History
The trial court decreed the suit in favor of the plaintiffs. The defendants appealed to the lower appellate court, which reversed the trial court's decision. The plaintiffs then filed the present second appeal, which was admitted on 29-07-1992 on the substantial question of law. The High Court heard the appeal and pronounced judgment on 19-04-2022.
Acts & Sections
- Code of Civil Procedure, 1908: Section 100
