Order 41 Rule 31 CPC | Appellate Court Not Bound To Frame Points Of Determination When Not Raised In Appeal : Supreme Court

The Supreme Court recently held that an Appellate Court's failure to frame points of determination under Order 41 Rule 31 of the Civil Procedure Code, 1908 (“CPC”) does not invalidate its judgment, provided there is substantial compliance with the rule and the appellant has not raised any specific issues from the trial court's judgment that require reconsideration.

“It is in the discretion of the Appellate Court to refer to the (trial court) proceedings. It is competent to pronounce judgment after hearing what the parties or their pleaders submit to it for consideration. It follows therefore that if the appellant submits nothing for its consideration, the Appellate Court can decide the appeal without any reference to any proceedings of the courts below and, in doing so, it can simply say that the appellants have not urged anything which would tend to show that the judgment and decree under appeal were wrong.”, the Court said.

"Non-compliance with the provisions, by itself, may not vitiate the judgment and make it wholly void and may be ignored if there has been a substantial compliance with it," the Court said.

Holding thus, the bench comprising Justices JB Pardiwala and R Mahadevan set aside the Allahabad High Court's judgment, which had set aside the Appellate Court's decision for not framing a point of determination in an appeal in compliance with Order 41 Rule 31 CPC.

The Appellant challenged the High Court's decision before the Supreme Court, arguing that it is not incumbent upon the Appellate Court to refer to the trial court's proceedings and frame a point of determination when the same was not urged before the Appellate Court by the Appellant.

Finding force in the Appellant's contention, the Court noted the High Court erred in invalidating the Appellate Court's judgment stating that “the provisions of Rule 31 should therefore be reasonably construed and should be held to require the various particulars to be mentioned in the (Appellate Court's) judgment only when the appellant has actually raised certain points for determination by the Appellate Court, and not when no such points are raised.”

In support, reference was made to the case Thakur Sukhpal Singh v. Thakur Kalyan Singh and Anr., (1963) 2 SCR 733, where it was held that Rule 31 requirements apply only when the appellant raises specific points for determination. If no arguments are advanced, the appellate court can dismiss the appeal succinctly, the court said.

“With respect, we agree with this and hold that it is the duty of the appellant to show that the judgment under appeal is erroneous for certain reasons and it is only after the appellant has shown this that the appellate court would call upon the respondent to reply to the contention. It is only then that the judgment of the appellate court can fully contain all the various matters mentioned in Ruel 31, Order 41.”, the Court observed in Thakur Sukhpal Singh v. Thakur Kalyan Singh and Anr.

Further, the Court reiterated that the substantial compliance of Rule 31 suffices, and the Rule should not be interpreted technically so that it compromises substantial justice.

In light of the aforesaid, the Court allowed the appeal.

Case Title: NAFEES AHMAD & ANR. VERSUS SOINUDDIN & ORS.

Citation : 2025 LiveLaw (SC) 458

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