KATTA NAGESWARA RAO Vs. REDDI SARASWATHI

JUDGEMENT

(1.) This appeal is filed by the plaintiffs in O.S. No.1792 of 1981 in the Court of the I Additional District Munsif Guntur. They have filed the suit for declaration and for consequential injunction and also for mandatory injunction. The trial court dismissed the suit. Aggrieved by that Judgment, they filed an appeal A.S. No.54 of 1986 before the District Court, Guntur. The appeal was dismissed by the III Addl. District Judge, Guntur by his Judgment dated 22-7-1991.

(2.) The substantial question of law raised by the appellants in the Second Appeal is that the Judgment of the Appellate Court i.e., the III Additional District Judge, Guntur is not in accordance with the provisions of Order 41, Rule 31 CPC, and therefore it is not a Judgment in the eye of law. Order 41, Rule 31 CPC reads as follows:-

(3.) The learned counsel for the appellants has pointed out that in para 8 of the Judgment, the appellate court has stated that the point for consideration is whether the Appellants are entitled to set aside the decree and Judgment passed by the lower court in O.S.No.1782 of 1981 dt.23-4-1986? He contended that when several contentions were raised by the parties, the Appellate Court has to frame various points for determination and record the decision thereon but it cannot merely say as to whether the Judgment and decree of the trial court are liable to be set aside.