Pooranandaswamiji (D) Thru LRS. Vs. Sharadamma  INSC 122 (22 January
JURISDICTION CIVIL APPEAL NO.3376 OF 2001 H.H. Pooranandaswamiji (D) Thr. L.Rs.
...Appellant(s) Versus Sharadamma (D) Thr. L.Rs. ...Respondent(s) O R D E R
Delay in filing
substitution application is condoned.
substitution are allowed.
No notice need be
issued to the legal representatives of the deceased respondents as they have
already entered appearance.
Heard learned counsel
for the parties.
The trial court
dismissed the suit for declaration of title and recovery of possession filed by
the plaintiff-respondent after recording findings both against the plaintiff
and defendants. The High Court allowed the first appeal and decreed the suit
only on the ground that the trial court recorded a finding against the
defendants on the question of adverse possession. In our view, being the first
appellate Court, the High Court was required to scrutinise the pleadings and
evidence of parties and decide the appeal on merits in the light of the issues
framed by the Trial Court. Since, the High Court has not adopted that course,
this appeal deserves to be allowed.
Accordingly, the appeal is allowed, impugned order render by the High Court is
set aside and the matter is remitted to it to decide the same afresh after
giving opportunity of hearing to the parties in accordance with law.