Substantial compliance with Order 41 Rule 31 can save an appellate judgment even without separately framed points for determination.

A first appellate judgment is not vitiated merely because it does not separately frame points for determination under Order 41 Rule 31 of the Code of Civil Procedure, 1908, if the judgment as a whole shows substantial compliance. The controlling test is whether the appellate court has consciously considered the controversy, independently appraised the evidence, and given reasons sufficient to disclose the basis of the decision for further review. Where the reasoning can be gathered from the judgment as a whole, and the court has effectively addressed the material and the trial court's findings, separate framing of points is not indispensable. An affirming appellate court may express general agreement with the trial court's reasons without restating the entire evidence.

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Issues: Whether the first appellate court's judgment was vitiated for failure to frame specific points for determination under Order 41 Rule 31 of the Code of Civil Procedure, 1908, and whether substantial compliance with that rule was sufficient.

Analysis: The rule requires the appellate court to state the points for determination, the decision thereon, and reasons for the decision, but strict literal compliance is not indispensable in every case. The controlling test is whether the judgment shows a conscious consideration of the controversy, proper appraisal of the evidence, and recorded reasons sufficient to enable the second appellate court to discern the basis of the decision. If the appellate court has independently examined the material and its reasoning can be gathered from the judgment as a whole, the absence of separately framed points does not vitiate the judgment. An appellate court affirming the trial court may express general agreement with its reasons without restating the entire evidence.

Conclusion: The omission to frame points for determination did not invalidate the first appellate court's judgment, as there was substantial compliance with Order 41 Rule 31 of the Code of Civil Procedure, 1908.

Final Conclusion: The appeals failed and were dismissed, the High Court's view on substantial compliance being upheld.

Ratio Decidendi: A first appellate judgment is not vitiated merely because it does not separately frame points for determination, if the judgment as a whole shows substantial compliance with Order 41 Rule 31 of the Code of Civil Procedure, 1908 by reflecting consideration of the evidence, reasons for the decision, and the basis of affirmance or reversal.

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