Narayan Sitaramji Badwaik (Dead) through Lrs. vs Bisaram and Others

Court

Supreme Court of India

Date

17 February 2021

Case No.

Civil Appeal No. 6124 of 2011

Result

Disposed

Bench

N.V. Ramana, Surya Kant, Aniruddha Bose

Citation

[2021] 1 S.C.R. 701 : 2021 INSC 94

Headnote

Code of Civil Procedure, 1908 – s. 100 and s.103 – Second Appeal – Appellant had filed suit for possession of the property in dispute on the basis of a sale deed dated 26.09.1978 – Respondent contended that no such sale took place – The Trial Court, after looking into the evidence had dismissed the suit of the appellant – The First Appellate Court (District Judge) reversed the findings of the Trial Court and decreed the suit in favour of the appellant – The High Court in the second appeal upheld the findings of the Trial Court and dismissed the suit of the appellant – On appeal, held: The High Court had noted that the First Appellate Court had considered irrelevant material and had erred in appreciating the legal issue involved – After highlighting the legal infirmities of the judgment of the First Appellate Court, and answering the substantial question of law framed in favour of the respondents, it appears that the High Court did not note that the First Appellate Court, due to its erroneous approach, had failed to consider the evidence in the correct light – In such a circumstance, it would have been appropriate for the High Court to remand the matter to the First Appellate Court to determine the factual issues in light of the legal point as decided by it, or should have itself taken a decision on the facts u/s. 103 of the Civil Procedure Code – Instead, after negativing the observations and holding of the First Appellate Court, the High Court mechanically upheld the decision rendered by the Trial Court – High Court decided the appeal without any assessment of the evidence on record – Accordingly, the order of the High Court is set aside and the matter is remanded to the High Court for fresh consideration of the appeal, on facts and law. Municipal Committee, Hoshiarpur v. Punjab State Electricity Board, (2010) 13 SCC 216 : [2010] 13 SCR

658 – relied on.

Santosh Hazari v. Purushottam Tiwari (deceased) by LRs, (2001) 3 SCC 179 : [2001] 1 SCR 948 – referred to.

The Judgment of the Court was delivered by N. V. RAMANA, J. 1. When the matter came up last time, on 03.02.2021, this Court passed the following order: “In spite of service, no one has appeared on behalf of the respondents. Heard learned counsel for the appellants. Taking into consideration the non-appearance of the counsel for the respondents and to know the exact position of the disputed property as well as whether any compromise has taken place between the parties, we grant two weeks to the counsel for the appellants to do the needful. List the matter immediately after two weeks.” 2.

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