VidhiSangh

Supreme Court of India · 17/02/2021

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

[2021] 1 S.C.R. 701 · 2021 INSC 94

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Summary

The Supreme Court remanded a second appeal because the High Court had identified errors in the first appellate court’s approach but mechanically restored the trial decree without assessing the evidence. It should have remitted the unresolved factual issues or, where Section 103 CPC permitted, determined them itself. The High Court was to reconsider the appeal, with liberty to revise or add substantial questions after hearing the parties. Neither the property merits nor the correctness of its earlier legal conclusion was decided.

Issues

  1. How the High Court should deal with factual issues left unresolved by an erroneous first appellate approach in a second appeal.

Provisions considered

Held

Result

Appeal disposed of; High Court order set aside and second appeal remanded for fresh consideration, with merits left open.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 701.