TaxTMI 
TaxTMI 
TaxTMI 
2017 (12) TMI 1843
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....d hereinbelow. 3. The appellant is plaintiff in O.S. No. 6640/1996 and defendant in O.S. No. 2150 of 1992 whereas the respondents are defendants in O.S. No. 6640/1996 and plaintiffs in O.S. No. 2150 of 1992 in the suits out of which these appeals arise. 4. The appellant filed a suit being O.S. No. 6640/1996 in the Court of City Civil Judge, Bangalore against the respondents for a declaration and permanent injunction in relation to the land described in detail in the plaint (hereinafter referred to as "suit land") whereas original respondent No.1 also filed a cross suit being O.S. No. 2150 of 1992 against the appellant in relation to the suit land. 5. Both the suits were clubbed together for their disposal because both were between the sa....
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....n other words, the disposal of the two first appeals could not be said to be in conformity with the requirements of Section 96 read with Order 41 Rule 31 of the Code. 11. 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. 12. Similarly, the power....
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.... expected of him as an appellate Court. Although there is furious contest between the counsel for the appellant and for the respondent, they appear to agree with me in this observation....." (Emphasis supplied) 14. This Court also in various cases reiterated the aforesaid principle and laid down the powers of the Appellate Court under Section 96 of the Code while deciding the first appeal. 15. We consider it apposite to refer to some of the decisions. 16. In Santosh Hazari vs. Purushottam Tiwari (Deceased) by L.Rs. (2001) 3 SCC 179, this Court held (at pages 188-189) as under: ".........the appellate court has jurisdiction to reverse or affirm the findings of the trial court. First appeal is a valuable right of the parties and unless ....
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.... either on facts or on law. Sitting as the first appellate court it was the duty of the High Court to deal with all the issues and the evidence led by the parties before recording the finding regarding title." 19. Again in Jagannath v. Arulappa & Anr., (2005) 12 SCC 303, while considering the scope of Section 96 of the Code, this Court (at pp. 303-04) observed as follows: "2. A court of first appeal can reappreciate the entire evidence and come to a different conclusion........." 20. Again in B.V Nagesh & Anr. vs. H.V. Sreenivasa Murthy, (2010) 13 SCC 530, this Court taking note of all the earlier judgments of this Court reiterated the aforementioned principle with these words: "3. How the regular first appeal is to be disposed of by ....
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....ar v. Sangram, (2001) 4 SCC 756 at p. 758, para 5.) 5. In view of the above salutary principles, on going through the impugned judgment, we feel that the High Court has failed to discharge the obligation placed on it as a first appellate court. In our view, the judgment under appeal is cryptic and none of the relevant aspects have even been noticed. The appeal has been decided in an unsatisfactory manner. Our careful perusal of the judgment in the regular first appeal shows that it falls short of considerations which are expected from the court of first appeal. Accordingly, without going into the merits of the claim of both parties, we set aside the impugned judgment and decree of the High Court and remand the regular first appeal to the ....