SADEMKABA Vs. IMTITEMJEN

JUDGEMENT

(1.) THE sole point urged before us is that the appellate court has completely failed "to consider" any of the grounds urged before it.

(2.) MR . W. A. Shishak, learned counsel for the petitioner submits that the appeal was preferred against the judgment passed in a title suit, the subject matter is a landed property worth several thousands. The appellant raised several substantial questions before the appellate court. However the court merely expressed the view that he had nothing to add as the court of the first instance had discussed all the issues and rendered an exhaustive judgment. It is true that the trial court has exhaustively dealt with all the Issues and it is a laborious judgment and the views expressed are also sound but the fact remains that the appellant urged as many as 13 grounds in his Memo of Appeal, at least some were healthy and strong. But the appellate court did not even state in brief what were the grounds nor was there any discussion why they were considered rejectable. An appellate court is duty bound to consider the points urged before it touching the questions of facts and law and to give reasons for its decision.

(3.) BEFORE parting with the records we observe that we were compelled to remit the matter as the appellate court has failed to exercise its jurisdiction, who was 'duty bound' to dispose of the appeal according to the law -the duty or the obligation is imposed by and under Rule 34 of the Rules for the Administration of Justice and Police, 1937. However it may not be understood that the remand order is made because the order of the trial court is weak or it is reversible. We remit the case for the simple reason that the learned appellate court must exercise its jurisdiction in accordance with law and should not dispose of matter in such a slipshod manner. Appellate court shall carefully scrutinise all the evidences, documentary or oral, hear the parties or their advocates and dispose of the appeal within 3 months from the date of receipt of the records. Under no circumstances the disposal shall be beyond the said period of 3 months.