Judges S. Abdul Nazeer and Vikram Nath of the Apex Court gave Appeals guidelines in deciding an appeal under CPC Order 41 Rule 31 of CPC. While granting the appeal, the court agrees with the Trial Court’s decision, which includes and orders the Trial Court to continue the final part judgment process, while the High Court’s decision has been withheld. The appellant is the respondant’s only sister. The problem is about the assets that the father inherited from their grandfather and the third is said to have been acquired by him. The petitioner alleges that he purchased the property in Annex “B” despite being the property of the defendant. The appellant is the plaintiff in question.
A proceeding was filed in the court, and the court ordered the plaintiff to pay interest on items. Ordered to Certificate of sale for the property based on Appendix “B”.
Defendants appeal to the High Court under Article 96 of the Code of Civil Procedure, where plaintiffs receive a quarter share under Schedule “A” and another one quarter. By ordering it to be received, it overturned the first court decision.
The civil proceedings were filed in the Apex Court, which found that:
Section 96 of the CPC provides for an appeal against a judgment made by a court of original jurisdiction. CPC Order 41 Rule 31 provides the Court of Appeals with guidelines for deciding an appeal. This rule requires a judgment of the Court of Appeals.
(A) Points of decision.
(B) That decision.
(C) Reason for decision.
(D) Remedies available to the petitioner if the disputed legislation is abolished or amended.
Therefore, the Court of Appeals has the power to overturn or uphold the judgment of the Court of Appeals. Under current law, the appeal is a continuation of the original process. The jurisdiction of the Court of Appeals includes retrial of law and facts. The first appeal is a valuable right, and at this stage you can revisit all the facts and legal issues decided by the court.