Supreme Court · 2017 INSC 1166 · Decided 4 December 2017
C. Venkata Swamy v. H. N. Shivanna (D) BY L.R. & ANR. ETC.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1166 · [2017] 12 S.C.R. 1
- Case number
- CIVIL APPEAL No. 670/2011
- Decided
- 4 December 2017
- Bench
- ABHAY MANOHAR SAPRE, NAVIN SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96
Headnote
A B Code of Civil Procedure, 1908: s.96 r/w Or.41 r.31 - First appeal - Power/duty of appellate court under s.96 while deciding first appeal - Held: A right to file first appeal against the decree under s.96 is a valuable legal right of the litigant - The jurisdiction C of the first appellate the first appeal is very wide like that of the trial court and it is open to the appellant to attack all findings of fact or/and of law in first appeal - It is the duty of the first appellate court to appreciate the entire evidence and arrive at its own independent conclusion, for reasons
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