The HC cannot dismiss the first appeal by cryptic order; SC.

JUSTICE S. ABDUL NAZEER & JUSTICE SANJIV KHANNA

The SC { MALLURU MALLAPPA(D) THR. LRS. v. KURUVATHAPPA & ORS.} holds that the First Appeal before the High Court involved both disputed questions of law and fact. The High Court without examination of any of these aspects cannot dismiss the appeal by a cryptic order as per mandate of CPC.

In the present case, the court below has neither reappreciated the evidence of the parties, nor it has passed a reasoned order. The High Court has failed to follow the provisions of Order XLI Rule 31 of the CPC while deciding the appeal. The question that the suit was well within time under Article 54 of the Schedule to the Limitation Act was also raised. Even this question has not been examined in its proper perspective. Therefore, the appeal was allowed and the matter was remanded back for decision on merits by the SC.