NARAYAN SITARAMJI BADWAIK (DEAD) THROUGH LRS versus BISARAM AND OTHERS

NARAYAN SITARAMJI BADWAIK (DEAD) THROUGH LRS versus BISARAM AND OTHERS

The High Court erred in upholding the Trial Court's decision without any assessment of the evidence on record after negativing the First Appellate Court's observations; the matter is to be remanded to the High Court for fresh consideration of the appeal on facts and law because the High Court should have either remanded to the First Appellate Court or exercised its powers under Section 103 CPC to decide the factual issues.

Parties
Appellant: NARAYAN SITARAMJI BADWAIK (DEAD) THROUGH LRS.; Respondents: BISARAM AND OTHERS
Jurisdiction
India
Judgment Date
17 February 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Second Appeal No.358 of 1997 (civil Appeal No.6124 of 2011 Before the Supreme Court)
Outcome
Order of the High Court set aside and matter remanded to the High Court for fresh consideration of the second appeal on facts and law.
Legal Topics
Second Appeal, Section 103 CPC, Section 100 CPC, Possession, Sale Deed, Collateral Security, Appreciation of Evidence
Code of Civil Procedure, 1908 Indian Evidence Act, 1872 Second Appeal Section 103 CPC Section 100 CPC Possession Sale Deed Collateral Security +1 more

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Parties

NARAYAN SITARAMJI BADWAIK (DEAD) THROUGH LRS.

Appellant

BISARAM AND OTHERS

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Second Appeal No.358 of 1997 (civil Appeal No.6124 of 2011 Before the Supreme Court)

Legal Issues

  1. 1 Whether the sale deed dated 26.09.1978 conveyed title or was nominal/collateral security
  2. 2 Whether the High Court should have remanded the matter to the First Appellate Court or exercised its power under Section 103 CPC to decide factual issues
  3. 3 Whether the High Court erred in upholding the Trial Court's decision without assessing the evidence on record in the second appeal

Ratio Decidendi

The High Court erred in upholding the Trial Court's decision without any assessment of the evidence on record after negativing the First Appellate Court's observations; the matter is to be remanded to the High Court for fresh consideration of the appeal on facts and law because the High Court should have either remanded to the First Appellate Court or exercised its powers under Section 103 CPC to decide the factual issues.

Court Disposition

Order of the High Court set aside and matter remanded to the High Court for fresh consideration of the second appeal on facts and law.

Orders

  • Order of the High Court dated 15.10.2009 is set aside
  • Matter remanded to the High Court of Judicature at Bombay, Nagpur Bench for fresh consideration of the second appeal on facts and law