Powers of Appellate Court

Appeal is continuation of suit (lis) and Appellate Court is vested with all power and jurisdiction vested in Trial Court.

An appeal is a continuation of original proceedings and the appellate court retains the same procedural power as the original Court unless expressly curtailed.

Section 96 of the C.P.C. assigned power to the superior court for judging soundness of the decision of the court subordinate to it

While exercising such power, the Appellate Court ought to call for the original record of the Trial Court for reconsideration

After entertaining the appeal, the Appellate Court was required to frame points for determination on the basis of the record of the trial Court to consider and rehear the controversy afresh, both as regards to facts and law, as provided by R. 31 of O. XLI of the C.P.C.

Besides, the issue of law was a substantial issue which was required to be considered by the trial Court as well as the Appellate Court

Failing to challenge the decision of Trial Court upon issue of law before the Appellate Forum through cross objection did not preclude a party to argue the matter to such extent before the Appellate Court nor the Appellate Court lost its jurisdiction, to decide the question of law accordingly

Thus, in the sense, an appeal was a continuation of the original proceedings, that was why, the Appellate Court may uphold, modify or substitute its own judgment for that of the subordinate court; it may also pass an order in favour of a party, not appealing or failing to file cross objections, to secure the ends of justice.

Appellate Court has all powers which are vested in the Trial Court, such powers are adequately supplemented by the provisions of O. XLI, Rr. 33 & 24, C.P.C.

Appellate Court has all powers which are vested in the Trial Court, such powers are adequately supplemented by the provisions of O. XLI, Rr. 33 & 24, C.P.C.

Appeal is continuation of original suit and appellate Court has ample power to scrutinize documents on record in the light of arguments advanced by contesting parties

Appellate Court while hearing appeal against order/judgment or decree of Trial Court, exercises the same jurisdiction which is vested in Trial Court

Lis becomes open in appeal and Appellate Court can do all that the original Court can do.

Appeal is continuation of original suit and appellate Court has ample power to scrutinize documents on record in the light of arguments advanced by contesting parties

Appellate Court while hearing appeal against order/judgment or decree of Trial Court, exercises the same jurisdiction which is vested in Trial Court

Lis becomes open in appeal and Appellate Court can do all that the original Court can do.

Appeal is continuation of original suit and appellate Court has ample power to scrutinize documents on record in the light of arguments advanced by contesting parties

Appellate Court while hearing appeal against order/judgment or decree of Trial Court, exercises the same jurisdiction which is vested in Trial Court

Lis becomes open in appeal and Appellate Court can do all that the original Court can do.

Case could only be remanded if there was no material to resolve the issues not attended by the Trial Court and it was necessary to record evidence on such issues

If sufficient material was available on record then appellate Court could decide an issue which had not been attended by the Trial Court without remand of the case to the Trial Court.

Right of appeal is a right of entering into a superior court and invoking its aid and interposition to redress error of court below

Appeal is essentially continuation of original proceedings as a vested right of litigant to avail remedy of an appeal provided for appraisal and testing soundness of a decision and proceedings of court below

Right of appeal is not a mere matter of procedure but it is a substantive right

While considering matters in appeal, appellate court may affirm, modify, reverse or vacate decision of lower court

While deciding appeal, court/judge who heard and decided matter must have full comprehension and command as to what was argued; what was debated upon at time of hearing of matter; and what was understanding of judge or judges while adverting and attending to pleas raised by appellant and defence counsel

Assumption was that evidence led in Trial Court has also been appreciated pertinently by appellate court before passing judgment.

Appellate Court while deciding appeal has power similar to Trial Court and can even reverse finding of Trial Court by meeting reason of Trial Court.

Where appeal could be decided on the basis of material available before the appellate court, summoning of record was not necessary.

Illustration.

Court could appoint such Commissions.

Non-filing of cross objections by respondent against findings of Trial Court on an issue recorded in judgment decree impugned in appeal

Effect

First Appellate Court in appeal being a continuation of original suit could look into all dimensions of law and facts in order to resolve real matter in controversy and do complete justice

Principles.

Appeal against said order was allowed and additionally Appellate Court also rejected the plaint under O.VII, R.11, C.P.C.

Contention of plaintiff was that while dealing with appeal against order allowing temporary injunction, Appellate Court was not competent in rejecting the plaint

Validity

While there was no cavil with the proposition that plaint could be rejected by Appellate as well as Revisional Court, it was not however proper for Appellate Court to have rejected the plaint under O.VII, R.11, C.P.C. while dealing with an appeal filed against acceptance of application for interim injunction

Order of Appellate Court was set aside and matter was remanded back to Trial Court

Revision was allowed accordingly.

Remand should not be made in routine and where evidence on record was sufficient for Appellate Court to pronounce judgment and decide the issue, remand of case for fresh decision was not necessary

Reasons advanced, in the present case, by Appellate Court for remanding case to Trial Court were neither in line with settled law nor supported by record

Purpose of Appellate Court was to correct misreading and non-reading of evidence, if in its view any such misreading and non-reading was committed by Trial Court

Trial Court's finding, in circumstances, were based on presumption but instead of recording its own findings, it remanded the matter to Trial Court

Order of Appellate Court remanding the case was set aside

Revision Petition was allowed accordingly.