Rakkappan v. Sellammal
Case brief
What is this about?
In a second appeal, the Court set aside the first appellate Court's judgment and decree for failing to independently consider evidence under Order 41 Rule 31 CPC, despite affirming the trial Court's findings on a property title dispute.
What did the court decide?
The judgment and decree of the first appellate Court were set aside. The matter was remanded to the first appellate Court for fresh consideration of the appeal and cross-appeal.
What the court decided
S.A.(MD) No.473 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A.(MD) No.473 of 2005
Rakkappan ... Appellant -vsSellammal ... Respondent
PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 28.11.2003, passed in A.S.No.6 of 2002 on the file of Subordinate Court, Paramakudi, confirming the judgment and decree, dated 31.10.2001, passed in O.S.No.102 of 2000 on the file of District Munsif Court, Paramakudi.
For Appellant : Mr.S.Srinivasa Ragavan
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Issues for consideration
3 issues framed by the court
Whether the lower courts failed to properly appreciate evidence and reach a just conclusion as mandated by law?
Whether the findings of the lower courts were perverse, warranting interference by this Court?
Whether the judgment of the first appellate Court complied with the mandate of Order 41 Rule 31 of the CPC regarding independent consideration of evidence?
Parties & counsel
- appellant
Rakkappan
- respondent
Sellammal
Coram
S.Sounthar
Case details
As recorded by the court registry
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