2011 (4) TMI 1558

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.... in the instant appeal, while deciding the First Appeal under Section 96 of the Code of Civil Procedure has allowed the appeal and set aside the judgment and decree of the trial Court without properly examining the facts and law. 4. This Court has observed in a number of cases that the first appeal is a valuable right of the Appellant and therein all questions of fact and law decided by trial cou....

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.... Counsel for the parties, we are satisfied that the first appeal filed in the High Court did raise questions of fact and law which called for a full-dressed hearing. First appeal is a valuable right of the Appellant and therein all the questions of fact and law decided by the trial court are open for reconsideration. In our opinion, the disposal of the appeal by the High Court, in the manner in wh....

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....t case has not recorded any finding 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. The order of the High Court is cryptic and the same is without assigning any reason. 8. Learned Counsel for the Appellant also placed reliance on yet anoth....