Case Note & Summary
The case arises from a second appeal against the judgment and decree of the District Court, Sangli, which reversed the trial court's decree and dismissed the appellants' suit for partition. The appellants, legal heirs of the original plaintiff Shankar Appa Mali, sought partition of ancestral properties. The trial court decreed the suit, but the appellate court framed additional issues and, without giving the appellants an opportunity to lead evidence, dismissed the suit. The High Court found that the appellate court acted beyond its jurisdiction by suo motu adding parties and framing issues not arising from the pleadings. It held that under Order 41 Rules 24 and 25 of the CPC, the appellate court can frame issues only on points arising from the record and must give parties an opportunity to lead evidence. The High Court set aside the appellate judgment and remanded the matter for fresh disposal in accordance with law, allowing the appeal.
Headnote
A) Civil Procedure - Appellate Court's Power to Frame Issues - Order 41 Rule 24 and 25 CPC - The appellate court must frame issues only on points arising from the pleadings and evidence on record; it cannot suo motu add parties or frame issues not arising from the record. The court held that the lower appellate court erred in framing additional issues and deciding the suit without giving the appellants an opportunity to lead evidence, thereby violating principles of natural justice. (Paras 2-4)
B) Partition Suit - Addition of Parties by Appellate Court - Impermissible - The appellate court has no jurisdiction to suo motu add parties in a partition suit. The court held that the addition of parties by the appellate court was without authority and vitiated the proceedings. (Para 3)
C) Civil Procedure - Opportunity to Lead Evidence - Essential - Before deciding a suit on merits, the court must afford the parties an opportunity to lead evidence on the issues framed. The appellate court's failure to do so renders the judgment unsustainable. (Para 4)
Issue of Consideration
Whether the learned Judge of the Appellate Court acted in accordance with the provisions of law in framing the issues and deciding the suit without giving an opportunity to the appellants to lead evidence on the issues framed by it.
Final Decision
The High Court allowed the second appeal, set aside the judgment and decree of the District Court, Sangli, and remanded the matter to the appellate court for fresh disposal in accordance with law, after giving both parties an opportunity to lead evidence on the issues framed.
Law Points
- Appellate court's duty to frame issues strictly from pleadings and evidence
- Suo motu addition of parties by appellate court is impermissible
- Decree cannot be passed without giving opportunity to lead evidence
- Order 41 Rule 24 CPC
- Order 41 Rule 25 CPC
Case Details
2011 LawText (BOM) (07) 197
Second Appeal No.534 of 1989
Mr. V.B. Rajure for Appellants
Shri Shankar Appa Mali (since deceased by his heirs: Sidram Shankar Mali, Sawanta Shankar Mali, Dinkar Shankar Mali, Shripal Shankar Mali, Aatmaram Shankar Mali, Bapu Shankar Mali, Smt. Parvati Shankar Mali, Smt. Padmini Sambhanaa Irali, Smt. Surekha Ashok Damle)
Shri Ananda Mahadeo Mali, Shri Pandurang Mahadeo Mali, Shri Vithal Mahadeo Mali, Smt. Laxmibai Mahadeo Mali, Smt. Akkatai Sidram Mali (since deceased through legal heirs: Shri Maruti Sidram Mali), Kum. Mangal Mahadeo Mali
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Nature of Litigation
Second appeal against judgment and decree of District Court, Sangli in a partition suit.
Remedy Sought
Appellants sought to set aside the appellate judgment and restore the trial court's decree of partition.
Filing Reason
The appellate court framed additional issues and dismissed the suit without giving appellants an opportunity to lead evidence.
Previous Decisions
Trial court decreed the suit in favor of the original plaintiff. The appellate court reversed the decree and dismissed the suit.
Issues
Whether the appellate court acted in accordance with law in framing issues and deciding the suit without giving opportunity to lead evidence.
Whether the appellate court could suo motu add parties in a partition suit.
Submissions/Arguments
Appellants argued that the appellate court erred in framing issues not arising from pleadings and evidence, and in deciding the suit without giving them an opportunity to lead evidence.
Respondents did not appear despite service.
Ratio Decidendi
The appellate court, while exercising powers under Order 41 Rules 24 and 25 CPC, must frame issues only on points arising from the pleadings and evidence on record. It cannot suo motu add parties or frame issues dehors the record. Before deciding the suit, the appellate court must give the parties an opportunity to lead evidence on the issues framed. Failure to do so vitiates the judgment.
Judgment Excerpts
The learned Judge of the Appellate Court acted in accordance with the provisions of law in framing the issues and deciding the suit without giving an opportunity to the appellants to lead evidence on the issues framed by it.
The appellate court has no jurisdiction to suo motu add parties in a partition suit.
Procedural History
The original plaintiff Shankar Appa Mali filed a suit for partition which was decreed by the trial court. The defendants appealed to the District Court, Sangli, which reversed the decree and dismissed the suit. The appellants (heirs of the original plaintiff) filed a second appeal in the Bombay High Court, which was admitted on substantial questions of law.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 41 Rule 24, Order 41 Rule 25
