RAMESH SINGH Vs. KHEM DEI

JUDGEMENT

(1.) Even though this appeal has been formally admitted on substantial question of law No.3, as formulated, at Page No.8 of the paper book, however, a bare perusal of the judgment and decree passed by the learned first appellate Court on 13.07.2006 reveals that it did not even care to discuss as to how and in what manner the findings recorded by the learned trial Court are perverse or based upon misreading and misappreciation of evidence. The learned first appellate Court has simply chosen to write a separate judgment based upon its own appreciation of pleadings and evidence led on record.

(2.) Obviously, such course was not open to the learned first appellate Court as it was required to come into close quarters with the reasoning assigned by the learned trial Court while reversing the judgment and decree passed by it.

(3.) How and in what manner the learned first appellate Court is required to decide the appeal that too when it intends to reverse the findings rendered by the learned trial Court have been subject-matter of various decisions of the Hon'ble Supreme Court including Hon'ble three Judges' Bench decision in Santosh Hazari versus Purushottam Tiwari (deceased) by LRs (2001) 3 SCC 179 which judgment in turn has been repeatedly followed by the Hon'ble Supreme Court and I need only to refer the latest judgment 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:-