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TMI Blog2017 (12) TMI 1843X X X X Extracts X X X X X X X X Extracts X X X X ..... the Code. It is a settled principle of law that a right to file first appeal against the decree under Section 96 of the Code is a valuable legal right of the litigant. The jurisdiction of the first 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 first appeal. It is the duty of the first Appellate Court to appreciate the entire evidence and arrive at its own independent conclusion, for reasons assigned, either of affirmance or difference - Similarly, the powers of the first Appellate Court while deciding the first appeal are indeed well defined by various judicial pronouncements of this Court and are, therefore, no more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Parties contested the suits and adduced evidence. The Trial Court, by common judgment/decree dated 04.12.2004 dismissed the suit filed by the appellant, i.e., O.S. No. 6640/1996 and decreed the suit filed by respondent No.1, i.e., O.S. No. 2150/1992. 7. The plaintiff in O.S. 6640/1996 felt aggrieved and filed two first appeals under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code ) before the High Court of Karnataka. By impugned judgment/decree, the Single Judge dismissed both the first appeals and affirmed the judgment/decree of the Trial Court, which has given rise to filing of the present appeals by special leave by the plaintiff in O.S. No. 6640/1996 in this Court. 8. Heard Ms. Kiran Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le deciding the first appeal are indeed well defined by various judicial pronouncements of this Court and are, therefore, no more res integra. It is apposite to take note of the law on this issue. 13. As far back in 1969, the learned Judge V.R. Krishna Iyer, J (as His Lordship then was the judge of Kerala High Court) while deciding the first appeal under Section 96 of the Code in Kurian Chacko vs. Varkey Ouseph, AIR 1969 Kerala 316, reminded the first Appellate Court of its duty to decide the first appeal. In his distinctive style of writing with subtle power of expression, the learned judge held as under: 1. The plaintiff, unsuccessful in two Courts, has come up here aggrieved by the dismissal of his suit which was one for declara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case is therein open for rehearing both on questions of fact and law. The judgment of the appellate court must, therefore, reflect its conscious application of mind and record findings supported by reasons, on all the 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. This would satisfy the court hearing a further appeal that the first appellate court had discharged the duty expected of it 17. The above view was followed by a three-Judge Bench decision of this Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been considered by this Court in various decisions. Order 41 CPC deals with appeals from original decrees. Among the various rules, Rule 31 mandates that the judgment of the appellate court 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. 4. The appellate court has jurisdiction to reverse or affirm the findings of the trial court. The first appeal is a valuable right of the parties and unless restricted by law, the whole case is therein open for rehearing both on questions of fact and law. The judgment of the appellate court must, therefore, reflect its consc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l in accordance with law. 21. The aforementioned cases were relied upon by this Court while reiterating the same principle in State Bank of India Anr. vs. Emmsons International Ltd. Anr., (2011) 12 SCC 174 and Union of India vs. K.V. Lakshman Ors. (2016) 13 SCC 124. 22. In the light of foregoing discussion, we have no option but to allow these appeals, set aside the impugned judgment and remand the case to the High Court for deciding the appeals afresh on merits in accordance with law keeping in view our observations made supra. 23. We, however, make it clear that we have refrained from making any observation on merits of the controversy having formed an opinion to remand the case to the High Court. The High Court would, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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