Chandra Bhal Maurya vs Smt. Shiv Kumari and Others — Allahabad HC (2026) — LawSathi Research

Chandra Bhal Maurya vs Smt. Shiv Kumari and Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Second appeal admitted on substantial questions of law; notice ordered to be issued to the respondents returnable at an early date; lower court record summoned; appellants to take steps for service and summoning of record within a week; matter listed on 08.07.2026 along with service report; operation and implementation of the impugned order stayed till the next date of listing as interim protection.

Issue for consideration

Whether, as per the provision contained in Order XLI Rule 31 of the Code of Civil Procedure, the first appeal can be legally adjudicated without framing the points for determination? +1 more

Ratio / Principle

The second appeal is admitted on the two framed substantial questions of law relating to the first appellate court's compliance with Order XLI Rule 31 CPC (framing of points for determination and recording findings on all facts in issue); the questions themselves are left open for hearing.

Key takeaways

As an interim protection, operation and implementation of the impugned order shall remain stayed till the next date of listing.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Prashant Kumar, J., by order dated March 10, 2026 admitted Second Appeal No. 73 of 2026 (Chandra Bhal Maurya v. Smt. Shiv Kumari and Others) against the judgment and order dated 06.11.2025 of the District Judge, Lakhimpur Kheri in Civil Appeal No.21 of 2025. The appellant contended that the first appellate court decided the appeal without framing the points for determination and recording findings thereon, contrary to the Code of Civil Procedure. On admission, two substantial questions of law were framed: (A) whether, per Order XLI Rule 31 CPC, a first appeal can be legally adjudicated without framing the points for determination; and (B) whether the first appellate court can decide a first appeal on only one fact in issue without recording findings on the other facts in issue. Notice was ordered to the respondents, the lower court record summoned, and, as interim protection, operation and implementation of the impugned order stayed till the next date of listing (08.07.2026). The substantial questions remain unanswered at this admission stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

SECOND APPEAL No. - 73 of 2026

Chandra Bhal Maurya

.....Appellant(s)

		Versus
Smt. Shiv Kumari And Others		..	...Respondent(s)
Counsel for Appellant(s)	:	Atul Kumar, Amrish Pushpendra Chauhan	Kumar Verma,
Counsel for Respondent(s)	:

Court No. - 20

HON'BLE PRASHANT KUMAR, J.

Heard learned counsel for the appellants and perused the record.

The instant second appeal has been preferred against the judgment and order dated 06.11.2025 passed by the District Judge, Lakhimpur Kheri in Civil Appeal No.21 of 2025.

Learned counsel for the appellants submits that the appellate court has decided the appeal without framing the points for determination and recording its findings thereon, which is contrary to the provisions of the Code of Civil Procedure.

In view of above, the matter requires consideration.

The second appeal is admitted on the following substantial questions of law:-

"(A) Whether, as per the provision contained in Order XLI Rule 31 of the Code of Civil Procedure, the first appeal can be legally adjudicated without framing the points for determination?

(B) Whether the first appellate court can decide a first appeal on only one fact in issue without recording its findings on the other facts in issue?"

Let notice be issued to the respondent(s) returnable at an early date.

Let the record of lower court record be summoned.

SAPL No. 73 of 2026

2

Learned counsel for the appellants shall take steps for service on the respondents as well as summoning of the record of lower court within a week from today.

List on 08.07.2026 along with service report.

As an interim protection, it is provided that operation and implementation of the impugned order shall remain stayed till the next date of listing.

(Prashant Kumar,J.)

March 10, 2026

Anupam S/-

Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench