DHARAM DASS Vs. SHANKAR AHIR

JUDGEMENT

(1.) This is a second appeal in which the point which has been raised before us on behalf of the appellant-plaintiff is that the judgment of the lower appellate Court dismissing the appeal of the plaintiff is not a judgment according to law. The judgment is as follows: The facts are laid out in the judgment of the lower Court. The decision is a reasonable one and as a Court of appeal I am not justified in going against it. Rejected summarily.

(2.) On behalf of the respondent it was argued that this judgment was sufficient for the purpose of dismissal of an appeal summarily under 0, 41, Rule 11. That rules states that, " the Court may make an order that the appeal be dismissed. "

(3.) But we consider that such an order should be governed by the provisions of Order 41, Rule 31 which states: The judgment of the appellate Court shall be in writing and shall state: (a) the points for determination; (b) the decision thereon; (C) the reasons for the decision; and (d) where the decree appealed from is reversed or varied the relief to which the appellant is entitled.