NICHOLAS V MENEZES Vs. JOSEPH M MENEZES

JUDGEMENT

(1.) Leave granted.

(2.) In our view, this appeal can be disposed of on a very short point.

(3.) A First Appeal was filed by the appellant in the High Court of Judicature at Bombay, which was dismissed by a learned Single Judge of the High Court without calling for the records and proceedings and without appreciating the pleadings and evidence, oral and documentary, on record. It is well settled that while deciding a First Appeal, the High Court must consider the evidence on record, oral and documentary and also the questions of law raised before it and at the same time it was the duty of the court to consider the reasons given by the trial court against which the first appeal was filed and thereafter dispose of the same after passing a speaking and reasoned order in accordance with law. In the present case, having gone through the Judgment of the High Court, we find that this procedure was not adopted by the High Court. That being the position, we set aside the judgment of the High Court and send the case back to it for consideration of the appeal on merits.