LAWS(HPH)-2023-8-36

CHAMAROO Vs. OM CHAND

Decided On August 25, 2023
Chamaroo Appellant
V/S
OM CHAND Respondents

JUDGEMENT

(1.) Even though, the instant appeal has been formally admitted on 24/5/2017 and even substantial questions of law stand formulated, however, I find that the appeal has not been decided by the learned first Appellate Court, as is otherwise required under the law.

(2.) It is settled principle of law that right to file first appeal against the decree under Sec. 96 of the Code of Civil Procedure is a valuable legal right of the litigant. The jurisdiction of the First Appellate Court while hearing the First appeal is very wide like that of learned trial Court and it is open to the appellant to attack all findings of fact or/and of law in the first appeal. It is duty of the first appellate Court to appreciate the entire evidence and may come to a diferent conclusion from that of the trial Court. While doing so, the judgment of the Appellate Court must reflect its conscious application of mind and record findings supported by reasons, on all issues arising along with the contentions put forth, and pressed by the parties for decision of the Appellate Court. While reversing a finding of fact, the Appellate Court must come into close quarters with the reasoning assigned by the trial Court and then assign its own reasons for arriving at a diferent finding. This would satisfy the court hearing a further appeal that the First Appellate Court had discharged the duty expected of it.

(3.) The scope, ambit and power of the first Appellate Court while deciding the first appeal have been subject matter of various judicial pronouncements and I may refer to the pronouncement of the Hon'ble Supreme Court in Shasidhar and others vs. Smt. Ashwini Uma Mathad and another 2015 AIR SCW 777, wherein it was held as follows: