# the first appellate court to give its decision

- **Citation:** C.L. No. 31/VIId-103
- **Court:** Allahabad High Court
- **Decided:** 1974-02-25
- **Case number:** C.L. No. 31/VIId-103
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-first-appellate-court-to-give-its-decision-163228
- **Pages:** 1

## Text

181
C.L. No. 31/VIId-103 dated 25th February, 1974
Appellate courts should avoid remanding of cases to the trial courts and try to
dispose of the appeals finally on merits. In this connection, attention is drawn to the
following observations of the Supreme Court in two cases:-
1.
A first appeal is a re-hearing and if the parties have led all the evidence
that they desire, it is the duty of the first appellate court to give its own
conclusions upon the evidence before it. If a trial court does not decide
according to the evidence led upon those pleadings it is for the appellate
court to reverse the finding and give its own findings; again, if an issue
has been decided by the trial court in a very perfunctory manner, it is for
the first appellate court to give its decision.
2.
But power to order re-trial after remand where there has already been a
trial on evidence before the court of first instance connot be exercised
merely because the appellate court is of the view that the parties, who
could lead better evidence in the court of first instance, have failed to do
so. A trial de-novo, after setting aside a final order passed by a court of
first instance, may, therefore, be made in exceptional circumstances,
where there has been no real trial of the proceeding, or where allowing the
order to stand would result in abuse of the process of the court.
Compliance of provisions mentioned under O. XLI Rule 9 of CPC
C. L. No.63/2007Admin(G): Dated: 13.12.2007

The new Rule 9 of Chapter XLI of C.P.C. Provides that the Court from whose
decree an appeal lies, shall entertain the memorandum of appeal and shall endorse thereon
the date of presentation and shall register the appeal in a book of appeal for that purpose
.It has been noticed that compliance of the above provision is not made by the subordinate
Courts and the same has been taken a serious note of. Therefore, it has been desired by the
Hon'ble Court that provisions of the said Rule 9 of Chapter XLI be strictly complied with
by all the subordinate Courts.

Therefore, I am directed to request you to kindly impress upon all the judicial
officers posted under your administrative control to adhere to the mandates given in order
XVI Rule 9 of C.P.C. without fail.
(iv)
Ceiling appeals
 C.L. No. 17/VII f-209 dated 16th February, 1979
For the sake of uniformity in the matter in all the judgeships where the District
Judges are appointed as appellate authority under section 33 of the Urban Land (Ceiling
and Regulation) Act, 1976 (Act no. 33 of 1976) the following instructions should be
followed:-
1.
The appeals under section 33 of the Urban Land (Ceiling & regulation)
Act, 1976 should be treated as Miscellaneous appeals and entered in
Register in Form no. 81 of the General Rules (Civil), 1957, Volume II.
2.
Quota for appeals under the Urban Land (Ceiling & Regulation) Act, 1976
(Act no. 33 of 1976) is hereby fixed at four appeals per day.