Barial Das and Another v. Aasudaram Alias Aasudamal and Another
Case brief
What is this about?
Second appeal allowed on substantial question (xiii): non-compliance with Order 41 Rule 31 CPC by first appellate court (judgment dated 05.10.2017, Civil Appeal No.12 of 2016, re: Ashuda Ram vs. Pariyal Das and others) - points for determination, decision thereon and reasons all omitted, and not all issues dealt with (admitted by respondents' counsel); judgment set aside and matter remanded for fresh decision, expedited within six months; Mrugendra Indravadan Mehta vs. Ahmedabad Municipal Corporation, 2024 INSC 401 relied on; Barial Das and another vs. Aasudaram alias Aasudamal and another; Abdul Moin, J.; Allahabad HC Lucknow Bench; neutral citation 2025:AHC-LKO:22153.
What did the court decide?
Appeal allowed; judgment and order impugned dated 05.10.2017 passed in Civil Appeal No.12 of 2016 set aside; matter remitted to the learned appellate court to decide afresh in accordance with law, with a direction to hear all parties and conclude expeditiously, preferably within six months of the certified copy being placed on record without unnecessary adjournments (given appellant no.1's advanced age).