[20] – Or.41 R 31 and Ss. 96 and 100 – Appeal  -Meaning and scope defined- the judgment of the first appellate court must display conscious application of mind and record findings supported by reasons on all issues and contentions. it is required to comply with the requirement of Or.41 R 31 and non-observance of this requirement leads to infirmity in the judgment of the first appellate court. Distinction between first appeal under Ss. 96 and second appeal under Ss. 100 explained. Held that High Court deciding first appeal without complying with Or. 41 R 31. Matter remanded to High Court for reconsideration,

(2020) 4 SCC 313- Malluru Mallappa v Kuruvathappa and others

One thought on “Civil Procedure Code , 1908”

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Do not copy the content of this website.

Terms And condition

The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:

  1. The user wishes to gain more information about Re Legal, its practice areas for his/her own information and use
  2. That the information provided in the website is only for personal use or reference of the visitor and is provided only on his/her specific request.
  3. That the material available for downloading on the website and other information provided on the website would not create any lawyer-client relationship.
  4. That we are not responsible for any consequence of any action taken by the user relying on material/information provided under this website.
  5. That in case the visitor has any legal issues; he or she should seek independent legal advice.

The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising.