Judgment briefs
Supreme Court of India

Nafees Ahmad & Anr. v. Soinuddin & Ors.

Code of Civil Procedure, 1908

Allowed
Court
Supreme Court of India
Decided
16 Apr 2025
Citation
[2025] 4 S.C.R. 1403
Case no.
CIVIL APPEAL No. 5213/2025
Bench
J.b. Pardiwala, R Mahadevan

Issue for consideration

The High Court in the impugned judgment took the view that Order 41 Rule 31 is mandatory and the failure on the part of the First Appellate Court to frame the points for determination as per Order 41 Rule 31 vitiated the judgment and made it wholly void. Whether itself vitiate the judgment of the Appellate Court; Whether the judgment of the Appellate Court can be interfered with under Order 41 Rule 31 CPC if the Appellant has not shown any points for determination in the Appeal.

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