VidhiSangh

Supreme Court of India · 19/04/2022

NEMAI CHANDRA DEY (DEAD) THROUGH LRS. versus PRASANTA CHANDRA (DEAD) THROUGH LRS. & ANR.

[2022] 4 S.C.R. 1076 · 2022 INSC 433

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Summary

In a contested suit challenging two registered gift deeds, the first appellate court affirmed the decree through a conclusory order without reassessing the evidence or giving findings. The High Court then treated the result as concurrent findings. The Supreme Court held that the valuable first-appeal right had not been honoured. It set aside the impugned judgments and remanded to the first appellate court for a reasoned rehearing, expressly reserving the deeds’ merits.

Issues

  1. Whether the first appellate court discharged its duty to reappraise the contested evidence and give reasons.
  2. Whether the High Court could treat the resulting summary affirmation as adequate concurrent findings.

Provisions considered

Held

Result

Appeals allowed. The impugned judgments were set aside and T.A. No.18 of 2010 remanded to the first appellate court for decision after notice, preferably within six months of presentation of the judgment copy. Merits expressly reserved; parties to bear their respective costs.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 1076.