RATTAN DEV versus PASAM DEVI

RATTAN DEV versus PASAM DEVI

Failure by the First Appellate Court to apply its mind to all the evidence available on record and dismissal of the suit solely for non-examination of the plaintiff amounts to non-application of mind and raises a substantial question of law impacting the parties' rights; therefore, the second appeal deserved to be heard on merits and the first appeal must be heard afresh.

Parties
Appellant: Rattan Dev; Respondent: Pasam Devi
Jurisdiction
India
Judgment Date
13 September 2002
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Dismissal in Limine
Outcome
appeal allowed
Legal Topics
Second Appeal, Substantial Question of Law, Injunction, Appellate Process
Civil Procedure Second Appeal Substantial Question of Law Injunction Appellate Process

Case Brief

Summary, issues, holding and outcome

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Parties

Rattan Dev

Appellant

Pasam Devi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Dismissal in Limine

Legal Issues

  1. 1 Whether failure by the first appellate court to consider all evidence raised a substantial question of law under Section 100 CPC
  2. 2 Whether non-examination of plaintiff alone suffices for dismissal of a suit

Ratio Decidendi

Failure by the First Appellate Court to apply its mind to all the evidence available on record and dismissal of the suit solely for non-examination of the plaintiff amounts to non-application of mind and raises a substantial question of law impacting the parties' rights; therefore, the second appeal deserved to be heard on merits and the first appeal must be heard afresh.

Court Disposition

appeal allowed

Orders

  • Order of High Court dismissing appeal in limine set aside
  • Judgment and decree of First Appellate Court set aside