STATE OF HIMACHAL PRADESH Vs. KASHMIR CHAND PATIAL

JUDGEMENT

(1.) It is not in dispute that the present appeal arises out of the judgment and decree of reversal passed by the learned first appellate Court. However, it is intriguing to note that even though the learned first appellate Court reversed the judgment and decree passed by the learned trial Court, yet in the entire judgment there is no whisper as to how the findings recorded by the learned trial Court are in any manner erroneous, faulty and even illegal.

(2.) It is more than settled that the first appellate Court is the final court of facts and hence its judgment must reflect application of mind. In its judgment, first appellate court must state points for determination, decision thereon and reasons for decision. Where the appellate court agrees with the views of the trial court on evidence, it need not restate effect of evidence or reiterate reasons given by the trial court and expression of general agreement with reasons given by trial court would ordinarily suffice in such a case. However, where the appellate court reverses the findings of the trial court, it required to record the findings in clear terms explaining how the reasonings of the trial court are erroneous. Reference in this regard can conveniently be made to the judgment of the Hon'ble Supreme Court in Laliteshwar Prasad Singh and others v. S.P. Srivastava (dead) through Legal Representatives (2017) 2 SCC 415 wherein it was observed as under:

(3.) Likewise, what would be the proper mode for disposal of first appeal was considered in a fairly recent judgment of the Hon'ble Supreme Court in C. Venkata Swamy v. H.N. Shivanna (dead) by legal representatives and another (2018) 1 SCC 604 , wherein it was observed as under:-