Case Note & Summary
This Second Appeal arises from a matrimonial dispute between Sunil Ramnath Argade (appellant) and Latabai Sunil Argade (respondent). The appellant challenged the judgment and order of the Additional District & Sessions Judge, Sangamner, in R.C.A. No. 71 of 2003. The High Court, by order dated 08.11.2011, appointed a mediator under Section 89 of the Code of Civil Procedure, 1908 (CPC) to explore settlement. The mediator, after hearing the parties, opined that settlement was not possible. Subsequently, on 06.02.2012, the Court issued notices to the parties. The core legal issue was whether the lower appellate court's judgment complied with Order 41 Rule 31 CPC, which requires the appellate court to frame points for determination and provide reasons for its decision. The appellant argued that the lower appellate court failed to do so, rendering its judgment illegal. The respondent's submissions are not detailed in the text. The High Court, upon perusal of the impugned judgment, found that the lower appellate court did not frame any points for determination and did not assign reasons for its conclusions. Consequently, the High Court held that the judgment was not sustainable in law and set it aside, remanding the matter back to the lower appellate court for fresh disposal in accordance with law. The appeal was allowed with no order as to costs.
Headnote
A) Civil Procedure - Appellate Court's Judgment - Order 41 Rule 31 CPC - Points for Determination - The lower appellate court's judgment was set aside for non-compliance with Order 41 Rule 31 CPC as it failed to frame points for determination and did not give reasons for its decision. The High Court held that such a judgment is illegal and unsustainable. (Paras 1-2) B) Matrimonial Dispute - Mediation - Section 89 CPC - Settlement Attempt - The High Court appointed a mediator under Section 89 CPC, but the mediator reported that settlement between the parties was not possible. (Para 1)
Issue of Consideration
Whether the lower appellate court's judgment and decree are sustainable when it failed to frame points for determination and provide reasons as required under Order 41 Rule 31 of the Code of Civil Procedure, 1908.
Final Decision
The High Court allowed the Second Appeal, set aside the impugned judgment and decree of the lower appellate court, and remanded the matter back to the lower appellate court for fresh disposal in accordance with law. No order as to costs.
Law Points
- Order 41 Rule 31 CPC
- Section 89 CPC
- Matrimonial dispute
- Second appeal
- Points for determination
- Appellate court's duty
- Illegal judgment
