Nicholas V. Menezes vs Joseph M. Menezes & Ors

Nicholas V. Menezes ...Appellant(s)

VERSUS

Joseph M. Menezes & Ors. ..Respondent(s)

ORDER

1. Leave granted.

2. In our view, this appeal can be disposed of on a

very short point.

3. A First Appeal was filed by the appellant in the

High Court of Judicature at Bombay, which was

dismissed by a learned Single Judge of the High

Court without calling for the records and

proceedings and without appreciating the

pleadings and evidence, oral and documentary,

on record. It is well settled that while deciding a

First Appeal, the High Court must consider the

1 evidence on record, oral and documentary and

also the questions of law raised before it and at

the same time it was the duty of the court to

consider the reasons given by the trial court

against which the first appeal was filed and

thereafter dispose of the same after passing a

speaking and reasoned order in accordance with

law. In the present case, having gone through the

Judgment of the High Court, we find that this

procedure was not adopted by the High Court.

That being the position, we set aside the

judgment of the High Court and send the case

back to it for consideration of the appeal on

merits.

4. We request the High Court to dispose of the

appeal after remand within three months from

the date of supply of a copy of this order to it

positively. It is needless to say that the High

Court shall now decide the same after giving

reasons and after appreciating the records and

2 the pleadings and evidence on record in

accordance with law.

5. Accordingly, the impugned order is set aside and

the appeal is allowed to the extent indicated

above. There will be no order as to costs.

.........................J. [Tarun Chatterjee]

New Delhi; .........................J. March 25, 2009. [H.L.Dattu]

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