Full Judgment Text
NON REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1874 OF 2009
(Arising out of SLP(C) No. 9485 of 2006)
Nicholas V. Menezes …Appellant(s)
VERSUS
Joseph M. Menezes & Ors. ..Respondent(s)
O R D E R
1. Leave granted.
2. In our view, this appeal can be disposed of on a
very short point.
3. A First Appeal was filed by the appellant in the
High Court of Judicature at Bombay, which was
dismissed by a learned Single Judge of the High
Court without calling for the records and
proceedings and without appreciating the
pleadings and evidence, oral and documentary,
on record. It is well settled that while deciding a
First Appeal, the High Court must consider the
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evidence on record, oral and documentary and
also the questions of law raised before it and at
the same time it was the duty of the court to
consider the reasons given by the trial court
against which the first appeal was filed and
thereafter dispose of the same after passing a
speaking and reasoned order in accordance with
law. In the present case, having gone through the
Judgment of the High Court, we find that this
procedure was not adopted by the High Court.
That being the position, we set aside the
judgment of the High Court and send the case
back to it for consideration of the appeal on
merits.
4. We request the High Court to dispose of the
appeal after remand within three months from
the date of supply of a copy of this order to it
positively. It is needless to say that the High
Court shall now decide the same after giving
reasons and after appreciating the records and
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the pleadings and evidence on record in
accordance with law.
5. Accordingly, the impugned order is set aside and
the appeal is allowed to the extent indicated
above. There will be no order as to costs.
…………………….J.
[Tarun Chatterjee]
New Delhi; …………………….J.
March 25, 2009. [H.L.Dattu]
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