Order XLI Rule 31 read with Sec. 96 of the Code of Civil Procedure,- When the judgment has not dealt with the questions and issues which were decided by the trial court and proceeds to abruptly record certain conclusions without discussing and dealing with the law and the facts including the oral and documentary evidence led by the parties- such judgement is liable to be set aside.

2020 APEX COURT [39 ]-Order XLI Rule 31 read with Sec. 96 of the Code of Civil Procedure,- When the judgment has not dealt with the questions and issues which were decided by the trial court and proceeds to abruptly record certain conclusions without discussing and dealing with the law and the facts including the oral and documentary evidence led by the parties- such judgement is liable to be set aside.
Order XLI Rule 31 read with Sec. 96 of the Code of Civil Procedure, 1908 (‘the Code’ for short) provides guidelines and the manner in which the appellate court should decide an appeal and states that the appellate court in writing shall state the points for determination, record discussion thereon, including the reasons for the decision and thereafter state where the decree appealed from is reversed or varied, and the relief to which the appellant is entitled. First appellate court, as per Section 96 of the Code, Contents, date and signature of Judgment.—The Judgment of the Appellate Court shall be in writing and shall state- (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled, and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring therein. 5 has the jurisdiction and power to examine the judgment under challenge on both law and facts and affirm or reverse the findings of the trial court after hearing and reconsidering all questions and issues. It is the duty and obligation of the first appellate court to deal with all the contentions and points raised, refer and answer the legal issues, and reflect on disputed facts by referring to the evidence led by the parties and record its finding. Where the judgment reverses the findings of the trial court, the discussion must reflect conscious application of the mind of the court and the findings recorded should be supported by reasons on all the issues along with the pleas put forth and raised by the parties. Likewise, where the judgment affirms the findings of the trial court, it is required to comply with the postulates of Order XLI Rule 31, albeit expression of general agreement with the reasons on facts and law by the trial court would ordinarily suffice. Non-observance of these statutory provisions would lead to infirmity in the judgment of the first appellate court