Judgments on Order 41 Rule 31 of CPC

Here I am sharing some of judgments on Order 41 Rule 31 of CPC which deals with the contents, date and signature of the judgment. The issue has been considered time.

Judgments:

(a) In Moran Mar Basselios Catholicos & Anr. V. Most Rev. Mar Poulose Athanasius & Ors., AIR 1954 SC 526, Apex Court held that it must be evident from the judgment of the Appellate Court that the Court has properly appreciated the case, applied its mind and decided on considering the evidence on record.

(b) In Thakur Sukhpal Singh V. Thakur Kalyan Singh & Ors., AIR 1963 SC 146, the Supreme Court held that the provisions of Rule 31 of Order 41 C.P.C. should be reasonably construed and should be held to require the various particulars mentioned under Rule 31 to take into consideration. The Court placed reliance upon its earlier judgment in Sangram Singh V. Election Tribunal, Kota, AIR 1955 SC 425, wherein it had observed that the procedural law has been designed to facilitate justice and too technical consideration of the Section that leaves no room for reasonable elasticity of interpretation, should therefore, be guarded against, as the same may frustrate the cause of justice.

(c) In Girijanandini Devi V. Bijendra Narain Choudhary, AIR 1967 SC 1124, the Apex Court has observed that when the Appellate Court agrees with the view of the trial court in evidence, it did not re-state the effect of evidence or reiterate reasons given by the trial Court. The expression of general agreement with reasons given by the court’s decision, which is under appeal, would ordinarily be suffice.

(d) In Balaji Mohaprabhu & Anr. V. Narasingha Kar & Ors., AIR 1978 Ori 199, the Orissa High Court held that it would amount to substantial compliance of the provisions of Order 41, Rule 23 C.P.C. if the Appellate Court’s judgment is based on independent assessment of the relevant evidence on all important aspects of the matter and the findings by the Appellate Court are well-founded and quite convincing.

(e) In Nihal Chand Agrawal & Ors. V. Gopal Sahai Bhartia & Ors., AIR 1987 Del 206, the Delhi High Court held that under Order 41, Rule 31 of the Code of Civil Procedure, it is mandatory upon the trial court to independently weigh the evidence of the parties and consider the relevant points which arise for adjudication and the bearing of the evidence on those points. As the first appellate court is the final court of fact, it must not record a mere general expression of concurrence with the trial court’s judgment.

(f) In Samir Kumar Chatterjee V. Hirendra Nath Ghosh, AIR 1992 Cal 129, the Calcutta High Court held that the court of first appeal should not merely endorse the findings of the trial court. But, in order to meet the requirement of Order 41, Rule 31 C.P.C., the Appellate Court must give reasons for its decision independently to that of the trial Court.

(g) In Kuldeep Singh & Anr. V. Chandra Singh, 1999 AIHC 979, it has been held that in order to meet the requirement of substantial compliance of the provisions of Order 41 Rule 31 C.P.C., the first appellate court must deal all the points agitated before it and it must record reasons in support of its findings, and if the provisions have substantially been complied with, the judgment would not vitiate.

(h) In G. Amalorpavam V. R.C. Diocese of Madurai, (2006) 3 SCC 224, the Supreme Court held that the substantial compliance of the provisions of Order 41 Rule 31 is enough in case, it is made out from a bare reading of the judgment that, while making substantial compliance of the said statutory provisions, justice has not suffered. Where entire evidence has been considered and discussed in detail, the findings are supported by reasons even though it has not been done after framing the points the order is good.

(i) In B.V. Nagesh & Anr. v. H.V. Sreenivasa Murthy,(2010) 11 SCR 784, 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.”

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For further Reading:

Code of Civil Procedure

Order XLI Rule 31 Contents, date and signature of judgment.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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