KEHAR SINGH Vs. DEEP KUMAR

JUDGEMENT

(1.) Even though, this appeal has been formally admitted on 30.10.2007 on substantial questions of law so formulated on the said date, however, I find that the learned First appellate Court has not decided the case as is required under law.

(2.) It is settled principle of law that right to file first appeal against the decree under Section 96 of the Code of Civil Procedure is a valuable legal right of the litigant. The jurisdiction of the First Whether reporters of Local Papers may be allowed to see the Judgment ?Yes Appellate Court while hearing the first appeal is very wide like that of the 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 different 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 different finding.

(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 Laliteshwar Prasad Singh and Ors. versus S.P. Srivastava (dead) through legal representatives (2017) 2 SCC 415, wherein it was held as under:-