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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Gujarat High Court, on November 3, 2023, set aside a lower court’s judgment and emphasized the importance of independently assessing evidence in a land dispute case. The case, identified as R/SECOND APPEAL NO. 297 of 2023, involved a dispute over plot No. 511 in the GIDC area of Gandhinagar.
The High Court, in its observation, highlighted the failure of the first Appellate Court to comply with the provisions of Order 41 Rule 31 of the Code of Civil Procedure (CPC). It noted that the first Appellate Court had not independently assessed the evidence, framed proper points for determination, or provided sufficient reasons for its decision.
The Honorable Mr. Justice Ilesh J. Vora, who presided over the case, stated, “The first Appellate Court must not record a general expression of concurrence with the trial Court judgment. The court ought to have given reasons for its decision on each point independently. The entire evidence must be considered and discussed in detail.”
The court’s ruling emphasized that the first Appellate Court’s judgment must reflect a conscious application of mind and record findings supported by reasons on all important aspects of the matter. It cited several precedents, including Siddiqui (dead by Lrs.) Vs. A. Gambling, to underscore the significance of complying with the statutory provisions.
As a result, the High Court set aside the impugned judgment and decree passed by the first Appellate Court and remanded the matter to the first Appellate Court for proper adjudication within a specified time frame.
This ruling serves as a reminder of the crucial role played by the first Appellate Court in independently assessing evidence, framing proper points for determination, and providing reasoned judgments, as mandated by the CPC.
Date of Decision: 03 November 2023
GORDHANBHAI RANCHODBHAI PATEL Versus DINESHBHAI LAXMANBHAI PATEL
