GEETA NEGI Vs. GANESH SINGH

JUDGEMENT

(1.) This second appeal is being decided on a very narrow compass, while answering the substantial question of law as it has been framed by this Court while admitting the appeal on 17.07.2017, where the said issue, which was sought to be determined by this Court, was to the effect that:

(2.) If a judgment of the Trial Court is put to challenge in a First Appeal by invoking the provisions contained under Section 96 of Code of Civil Procedure, the proceedings before the First Appellate Court is strictly governed by the provisions contained under Order 41 of CPC. The provisions of Order 41 in itself contemplates a provision provided under Order 41 Rule 31 of CPC, which reads as under:

(3.) Order 41 Rule 31 provides, and rather it has been held to be mandatory in compliance in view of the judicial precedents of the Hon'ble Apex Court as H.Siddiqui (DEAD) BY LRS. Vs. A. Ramalingam , 2011 4 SCC 240 wherein, the Hon'ble Apex Court has observed, in paragraph-20 and 21 of the said judgment, that for assessment of a judgment of the Trial Court by the First Appellate Court, which is the last court of appraisal of fact or law in a case the compliance of the provisions contained under Order 41 Rule 31 is mandatory and if that is not complied with, it would vitiate the procedure required to be followed by the Appellate Court while deciding the First Appeal against the judgment and decree of the Trial Court. If paragraph 20 and 21 as referred above is scrutinized, the Hon'ble Apex Court wherein it has held that wherever there is a noncompliance of the provisions contained under Order 41 Rule 31 of CPC, the matter is required to be remitted back to the Appellate Court for its fresh decision after complying the provisions under Order 41 Rule 31. Paragraph 20 and 21 of the said judgment are quoted hereunder: