First appellate court must independently reappraise evidence; brief affirmance without full consideration renders the appellate decree unsustainable.

A first appellate court must independently reappraise the evidence, make a full and fair assessment, and record its own conclusions; it cannot merely affirm the trial court by searching only for perversity in the findings below. The appellate court must decide whether the decree under challenge is right or wrong on its own merits. Because the appellate judgment gave only a brief affirmance without dealing with the material evidence, it was held unsustainable, and the matter was remitted for fresh disposal.

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Issues: Whether a first appellate court must independently reappraise the evidence and record its own conclusion, and whether failure to do so warrants setting aside the appellate decree and remand.

Analysis: The first appellate court is the final court of fact and must make a full, fair, and independent assessment of the evidence. A brief affirmance without dealing with the material on record is not a proper discharge of appellate jurisdiction. The appellate court's task is not merely to search for perversity in the trial court's findings, but to decide whether the decision under appeal is right or wrong on its own merits.

Conclusion: The appellate judgment was unsustainable for want of independent consideration of the evidence, and the matter was remitted to the Sub Court for fresh disposal.

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