Case Note & Summary
The case arises from a Letters Patent Appeal against a judgment dated 2nd February 1988 passed by a learned Single Judge of the Bombay High Court in First Appeal No.4 of 1978. 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 reversed that decision, ordering a preliminary decree for partition and rendition of accounts. The appellants challenged the appellate judgment on several grounds, but the court found it necessary to address only one ground: non-compliance with Order 41 Rule 31 of the Code of Civil Procedure, 1908. The court observed that the appellate judgment did not frame any points for determination and did not provide reasons for its conclusions. The court held that Order 41 Rule 31 is mandatory and requires the appellate court to state the points for determination, the decision thereon, and the reasons for the decision. Since the impugned judgment failed to comply with these requirements, it was illegal and liable to be set aside. The court allowed the appeal, set aside the impugned judgment, and remanded the matter back to the learned Single Judge for fresh disposal in accordance with law, after framing points for determination and giving reasons. The parties were directed to appear before the Single Judge on 17th July 2006.
Headnote
A) Civil Procedure - Appellate Judgment - Order 41 Rule 31 CPC - Mandatory Requirements - The appellate court must frame points for determination and give reasons for its decision. Failure to do so renders the judgment illegal and liable to be set aside. The court held that the learned Single Judge did not frame any points for determination and the judgment lacked reasons, thus violating Order 41 Rule 31 CPC (Paras 5-7).
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 and decree dated 2nd February 1988 set aside. First Appeal No.4 of 1978 restored to file. Learned Single Judge to decide afresh after framing points for determination and giving reasons. Parties to appear on 17th July 2006. No order as to costs.
Law Points
- Order 41 Rule 31 CPC is mandatory
- appellate judgment must frame points for determination and give reasons
- non-compliance vitiates judgment
