B.V. Nagesh & Anr. v. H.V. Sreenivasa Murthy

 Code of Civil Procedure 

Section 96. Appeal from original decree.

In B.V. Nagesh & Anr. v. H.V. Sreenivasa Murthy, (2010) 10 SCC 55, while dealing with the issue, the Supreme Court held as under: "The appellate Court has jurisdiction to reverse or affirm the findings of the trial Court. The first appeal is a valuable right of the parties and unless restricted by law, the whole case therein is open for re-hearing both on questions of fact and law. The judgment of the appellate Court must, therefore, reflect its conscious application of mind and record findings supported by reasons, on all the issues arising along with the contentions put forth and pressed by the parties for decision of the appellate Court. Sitting as a court of appeal, it was the duty of the High Court to deal with all the issues and the evidence led by the parties before recording its findings. The first appeal is a valuable right and the parties have a right to be heard both on questions of law and on facts and the judgment in the first appeal must address itself to all the issues of law and fact and decide it by giving reasons in support of the findings.

Code of Civil Procedure 

Section 96. Appeal from original decree.