Case Note & Summary
The case involves a Letters Patent Appeal arising from a judgment dated 2nd February 1988 passed in First Appeal No.4 of 1978 by a learned Single Judge of the Bombay High Court, Nagpur Bench. The respondent/plaintiff had filed a suit for partition claiming a 1/7th share in the property. The trial court dismissed the suit, but the appellate court (Single Judge) set aside the trial court's judgment and decree dated 29.4.1977 in Special Civil Suit No.226 of 1973, ordered a preliminary decree for partition, declared shares, and directed rendition of accounts from 5.6.1986 until the plaintiff gets possession. The appellants challenged this judgment on various grounds. However, the Division Bench found it necessary to address only one ground: non-compliance with Order 41 Rule 31 of the Code of Civil Procedure, 1908. The Division Bench noted that the appellate court's judgment did not frame any points for determination, nor did it discuss the evidence or provide reasons for its conclusions. The judgment merely stated the conclusion without any analysis. The Division Bench held that Order 41 Rule 31 is mandatory and requires the appellate court to frame points for determination, decide each point, and give reasons. Since the impugned judgment failed to comply, it was set aside. The appeal was allowed, the impugned judgment was quashed, and the matter was remanded to the learned Single Judge for fresh disposal in accordance with law. The parties were directed to appear before the Single Judge on a specified date. No order as to costs.
Headnote
A) Civil Procedure - Appellate Judgment - Order 41 Rule 31 CPC - Mandatory Requirements - The appellate court must frame points for determination, decide each point, and give reasons for its decision. Failure to do so renders the judgment unsustainable. The impugned judgment did not frame any points for determination and lacked reasons, thus it was set aside and the matter remanded for fresh disposal. (Paras 3-7)
Issue of Consideration
Whether the appellate court's judgment complied with the mandatory requirements of Order 41 Rule 31 of the Code of Civil Procedure, 1908.
Final Decision
Appeal allowed. Impugned judgment dated 2.2.1988 set aside. Matter remanded to learned Single Judge for fresh disposal in accordance with law. Parties to appear before Single Judge on 17.7.2006. No order as to costs.
Law Points
- Order 41 Rule 31 CPC is mandatory
- appellate judgment must contain points for determination
- decision on each point
- and reasons
- non-compliance vitiates the judgment
