Nafees Ahmad & Anr. vs Soinuddin & Ors.

Court

Supreme Court of India

Date

16 April 2025

Case No.

Civil Appeal No. 5213 of 2025

Result

Allowed

Bench

J.B. Pardiwala, R Mahadevan

Citation

[2025] 4 S.C.R. 1403 : 2025 INSC 520

Acts & Sections

CPC

Issue for consideration

The High Court in the impugned judgment took the view that Order 41 Rule 31 is mandatory and the failure on the part of the First Appellate Court to frame the points for determination as per Order 41 Rule 31 vitiated the judgment and made it wholly void. Whether non-compliance of Order 41 Rule 31 CPC would by itself vitiate the judgment of the Appellate Court; Whether the judgment of the Appellate Court can be interfered with under Order 41 Rule 31 CPC if the Appellant has not shown any points for determination in the Appeal.

Headnote

Code of Civil Procedure, 1908 – Order 41 Rule 31 – Compliance of Order 41 Rule 31 to be determined on the nature of judgment delivered in each case – Non-compliance of Order 41 Rule 31 would not by itself vitiate the judgment of the Appellate Court – Can be ignored if there is a substantial compliance – Appeal allowed:

Held: Whether in a particular case, there has been substantial compliance, with the provisions of Order 41 Rule 31 should be determined on the nature of the judgment delivered in each case – Non-compliance with the provisions would not by itself vitiate the judgment of the Appellate Court making it wholly void – Reliance placed on G. Amalorpavam & Ors. v. R.C Diocese of Madurai & Ors (2006) 3 SCC 224 – Impugned judgment set aside – Appeal allowed. [Paras 7, 15, 16]

Code of Civil Procedure, 1908 – Order 41 Rule 31 – Compliance required only when the Appellant raises the points for determination before the First Appellate Court: Held: Order 41 Rule 31 should be reasonably construed and should be held to require the various particulars to be mentioned in the judgment only when the Appellant has actually raised certain points for determination by the Appellate Court – Not when no such points are raised – If the Appellant submits nothing for its consideration, the First Appellate Court can decide the appeal without reference to any proceedings of the courts below and in doing so, it can simply say that the Appellants have not urged anything which would tend to show that the judgment and decree under appeal are wrong – Reliance placed on Mt. Fakrunisa v. Moulvi Izarus AIR 1921 PC 55; Thakur Sukhpal Singh v. Thakur Kalyan Singh & Anr. [1963] 2 SCR 733 and Sangram Singh v. Election Tribunal, Kotah, Bhurey Lal Baya [1955] 2 SCR 1. [Paras 10-12]

Order 1. Leave granted. 2. This appeal arises from the judgment and order passed by the High Court of Judicature at Allahabad, Lucknow Bench dated 4-9-2017 in Second Appeal No.69/2008, by which the Second Appeal filed by the respondents – herein came to be partly allowed and the matter was remitted to the First Appellate Court on the ground that the First Appellate Court failed to comply with the provisions of Order 41 Rule 31 of the Code of Civil Procedure (CPC). 3. The High Court, while deciding the Second Appeal, formulated the following substantial question of law:“Whether it is incumbe

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