B.V. NAGESH & ANR. versus H.V. SREENIVASA MURTHY

Citation: [2010] 11 S.C.R. 784 · Decided: 24-09-2010 · Supreme Court of India · Bench: P. SATHASIVAM, B.S. CHAUHAN · Disposal: Disposed off

Cited by 6 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[201 OJ 11 S.C.R. 784 
B.V. NAGESH & ANR. 
V. 
H.V. SREENIVASA MURTHY 
(Civil Appeal No. 8259 of 2010) 
SEPTEMBER 24, 2010 
[P. SATHASIVAM AND DR. B. S. CHAUHAN, JJ.) 
CODE OF CIVIL PROCEDURE, 1908: 
c 
s.96, 0. 41, r.31 - Regular first appeal - Decision in -
Held: Order 41 deals with appeals from original decrees -
Among the various rules, Rule 31 mandates that the 
judgment of the appellate court shall state: (a} the points for 
determination; (b) the decision thereon;, (c) reasons for the 
0 
decision; and (d} where the decree appealed from is reversed 
or varied, the relief to which the appellant is entitled - The first 
appeal is a valuable right of the parties and unless restricted 
by law, the whole case therein is open for re-hearing and 
parties have a right to be heard both on questions of fact and 
law - The judgment of the appellate court must, therefore, 
E reflect its conscious application of mind and record findings 
supported by reasons, on all the issues arising along with the 
contentions put-forth and pressed by the parties for decision 
of the appellate court - The appellate court has jurisdiction 
to reverse or affirm the findings of the trial court - Sitting as a 
F court of appeal, it was the duty of the High Court to deal with 
all the issues and the evidence led by the parties before 
recording its findings - In the instant case, the High Court, 
after narrating the pleadings of both parties, without framing 
points for determination and considering both facts and law 
G set aside the judgment and decree of the trail court and 
modified the same without proper discussion and assigning 
adequate reasons - The High Court has failed to discharge 
the obligation placed on it as a first appellate court - The 
judgment under appeal is cryptic and none of the relevant 
H 
784 
B. V. NAGESH & ANR. v. H. V. SREENIVASA 
785 
MURTHY 
aspects have even been noticed - The appeal has been 
A 
decided in an unsatisfactory manner - The judgment in the 
regular first appeal shows that it falls short of considerations 
which are expected from the court of first appeal - Accordingly, 
the impugned judgment and decree of the High Court are set 
aside and the matter is remanded to it for disposal of the 
B 
regular first appeal afresh in accordance with law. 
Santosh Hazari . Vs. Purushottam Tiwai (Dead) By Lrs. 
2001 (1) SCR 948 = 2001 (3) sec 179 = 2001 (2) JT 
407 = 2001 (1) SCALE 712; and Madhukar & Ors. Vs. 
C 
Sangram & Ors. 2001 (3) SCR 138 = 2001 (4) SCC 756, 
referred to. 
Case Law Reference: 
2001 (1) SCR 948 
2001 (3) SCR 138 
referred to 
referred to 
para 4 
para 4 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
8259 of 2010. 
From the Judgment & Order dated 10.11.2008 of the High 
Court of Karnataka at Bangalore in R.F.A. No. 1601 of 2003. 
Basava Prabhu S. Patil, B. Subrahmanya Prasad, Ajay 
Kumar M., Rajendra Prasad B., V.N. Raghupawthy for the 
Appellant. 
H.V. Sreenivasa Murthy, Respondent-In-Person. 
The following Order of the Cour was delivered 
ORDER 
1. Leave granted. 
2. Heard learned senior counsel for the appellants and 
respondent appearing in person. 
D 
E 
F 
G 
H 
786 
SUPREME COURT REPORTS 
[201 O] 11 S.C.R. 
A 
3. The impugned judgment passed by the High Court arose 
out of regular first appeal filed under Section 96 CPC. It is the 
grievance of the appellants that the High Court, without 
adverting to all the factual details and various grounds raised, 
disposed of the appeal in a cryptic manner. In the light of the 
B above assertion, we verified the impugned judgment of the High 
Court. The High Court, after narrating the pleadings of both 
parties, without framing points for determination and 
considering both facts and law set aside the judgment and 
decree of the trial Court and modified the same without proper 
c discussion and assigning adequate reasons. 
4. How regular first appeal is to be disposed of by the 
appellate Court/High Court has been considered by this Court 
in various decisions. Order XLI of C.P.C. deals with appeals 
from original decrees. Among the various rules, Rule 31 
D mandates that the judgment of the appellate Court shall state: 
E 
(a) the points for determination; 
(b) the decision thereon; 
(c) reasons for the decision; and -
(d) where the decree appealed from is reversed or varied, 
the relief to which the appellant is entitled. 
F The appellate Court has jurisdiction to reverse or affirm the 
findings of the trial Court. The first appeal 

Excerpt shown. Read the full judgment & AI analysis in Lexace.