First Appellate Court exercising its first superior appellate jurisdiction, is required to frame specific point of determination and address the same

Decree of permanent injunction passed by trial Court in favour of plaintiff. Appellate Court, while making reference to issues, which were framed by trial Court, dismissed the appeal. It was during pendency of Second Appeal, counsel for appellant sought permission that he wanted to get additional substantial question of law formulated, and on grant of said permission, counsel for the defendant had framed additional substantial question of law.

First Appellate Court, had merely given a narration of facts and has reiterated findings of trial Court, while making its observation by extracting findings on issues, which were framed by trial Court. There was no specific point of determination ever framed by Court, nor was it answered, though mandatory. Once in a regular civil proceedings, First Appellate Court, exercises its first superior appellate jurisdiction, as against adjudication which was made by trial Court, it was incumbent on Appellate Court, that it ought to have framed point of determination in order to enable parties to know and to address on same prior to deciding Appeal itself on its own merits and in absence of any such point of determination specifically being framed and answered by Appellate Court, judgement would be taken as to be apparently suffering from vices of non-compliance of aforesaid provisions, which has been held to be a mandatory duty of appellate Court; that prior to calling upon parties to First Appeal to address Appeal on its own merit, should formulate point of determination on which adjudication is being contemplated to be made by First Appellate Court.

Appearing Counsel/s : Mr. Siddhartha Sah, Mr. Pradeep Kumar Chauhan