MEHRUNNISSA BEE Vs. MOHD NOORULLA SHERIFF

JUDGEMENT

(1.) DELAY condoned. Applications for substitution are allowed. Leave granted. Having heard learned counsel for the parties, we are of the opinion that the interest of justice would be subserved if the impugned judgment is set aside and the matter is remitted to the High Court for consideration thereof afresh. We have passed this order having regard to the fact that the high Court while disposing of the appeal noticed the contentions of the learned counsel appearing on behalf of the parties as also the findings of the Courts below and dealt as under:

(2.) THE manner in which the impugned judgment has been passed is wholly unsatisfactory. The First Appellate Court while exercising its jurisdiction under section 96 of the Code of Civil Procedure is bound to consider the facts as also the law arising in the suit.