Nicholas V. Menezes Vs.
Joseph M. Menezes & Ors.  INSC 621 (25 March 2009)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1874 OF 2009 (Arising
out of SLP(C) No. 9485 of 2006) Nicholas V. Menezes ...Appellant(s) VERSUS
Joseph M. Menezes & Ors. ..Respondent(s)
our view, this appeal can be disposed of on a very short point.
First Appeal was filed by the appellant in the High Court of Judicature at
Bombay, which was dismissed by a learned Single Judge of the High Court without
calling for the records and proceedings and without appreciating the pleadings
and evidence, oral and documentary, on record. It is well settled that while
deciding a First Appeal, the High Court must consider the 1 evidence on record,
oral and documentary and also the questions of law raised before it and at the
same time it was the duty of the court to consider the reasons given by the
trial court against which the first appeal was filed and thereafter dispose of
the same after passing a speaking and reasoned order in accordance with law. In
the present case, having gone through the Judgment of the High Court, we find
that this procedure was not adopted by the High Court.
That being the
position, we set aside the judgment of the High Court and send the case back to
it for consideration of the appeal on merits.
request the High Court to dispose of the appeal after remand within three
months from the date of supply of a copy of this order to it positively. It is
needless to say that the High Court shall now decide the same after giving reasons
and after appreciating the records and 2 the pleadings and evidence on record
in accordance with law.
the impugned order is set aside and the appeal is allowed to the extent
indicated above. There will be no order as to costs.