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Supreme Court Sets Aside Ex Parte Dismissal in Specific Performance Suit Due to Procedural Irregularity - Framing of Issues and Points for Determination Essential Even in Ex Parte Proceedings Under Code of Civil Procedure, 1908.

The Supreme Court addressed an appeal concerning procedural obligations in ex parte civil suits, specifically whether absence of formal framing of iss...

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High Court of Karnataka Allows Second Appeal in Money Loan Dispute — Sets Aside Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Lack of Proper Reappreciation of Evidence Renders First Appellate Court's Judgment Unsustainable.

The appellant-defendant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 1...

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Bombay High Court Allows Second Appeal in Specific Performance Suit for Non-Compliance with Order 41 Rule 31 CPC. Lower Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination, Matter Remanded.

The appellant, Tanaji Krishna Shinde, original defendant No. 2, challenged the judgment and decree passed by the lower appellate court in Regular Civi...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant-plaintiff filed Special Civil Suit No. 115 of 1988 seeking specific performance of an agreement to sell agricultural land. The trial cou...

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Bombay High Court Allows Second Appeals in Land Dispute Case — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. The Court Held That the First Appellate Court Must Comply with Order 41 Rule 31 CPC and Decide the Appeal on Merits After Proper Appreciation of Evidence.

The present second appeals arise from a land dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning...

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Bombay High Court Allows Second Appeal Due to Inadequate Points for Determination by First Appellate Court Under Order 41 Rule 31 CPC. First Appellate Court Must Frame Proper Points and Decide All Issues as Final Court of Facts.

The appellant, Wadhumal son of late Sakhawatrai Khodecha, filed a second appeal before the Bombay High Court, Nagpur Bench, against the judgment and d...

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High Court of Karnataka Allows Second Appeal in Property Dispute — Sets Aside Concurrent Findings on Declaration and Possession. Court holds that the First Appellate Court failed to frame proper points for determination under Order 41 Rule 31 CPC, rendering its judgment unsustainable.

The appellant, Sri Gundappa, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree da...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

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 Judg...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

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 F...

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High Court of Karnataka Allows Appeal in Partnership Dispute — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant (defendant) challenged the judgment of the II Additional Civil Judge (Sr. Dvn.) Hubballi in RA No.126/2004 dated 12.12.2006, which rever...