Lehna Singh (D) vs Gurnam Singh (D) 2024 INSC 429 – Punjab Courts Act – Second Appeal

Punjab Courts Act, 1918; Section 41- Code of Civil Procedure, 1908; Section 100- The provision contained in Section 41 of the Punjab Act, as reproduced above, does not mandate framing of a substantial question of law for entertaining the second appeal. Therefore, a second appeal under Section 41 of Punjab Act can be entertained by the Punjab and Haryana High Court even without framing a substantial question of law – Referred to Pankajakshi (Dead) v. Chandrika (2016) 6 SCC 157. (Para 10)

Code of Civil Procedure, 1908; Section 96– The requirement of exercise of jurisdiction by the First Appellate Court under Section 96 of CPC – Referred to Chintamani Ammal vs. Nandagopal Gounder (2007) 4 SCC 163, Jagannath v. Arulappa (2005) 12 SCC 303, H.K.N. Swami v. Irshad Basith (D) (2005) 10 SCC 243- It would be wholly improper to allow first appeal without adverting to the specific findings of the trial court and that the First Appellate Court is required to address all the issues and determine the appeal upon assignment of cogent reasons. (Para 24-25)

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