Unknown vs Whether The 1St Appellate Court ...
2021 Latest Caselaw 3367 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.1010 of 2017
                                       PROCEEDING SHEET
Sl.      Date                                     ORDER                                   OFFICE
No.                                                                                        NOTE
8.    06.09.2021   MVR,J                                                                  Tr. to I-
                                                                                          O folder
                                          S.A.No.1010 of 2017                              before
                                                                                          correcti
                                                                                           ons if
                      Heard Sri Maheswar Rao Kuncham, learned counsel for                   any.
                                                                                          Pl.verify
                   the appellant.                                                             .
                      Upon consideration of the decrees and judgments of the
                   trial Court as well as the 1st appellate Court, since the
                   following      substantial    questions     of     law   arise   for
                   determination in the second appeal, ADMIT.
                         1. Whether the 1st appellate Court properly perceived
                               the well settled legal principle held by the Apex
                               Court 'procedural laws are intended to do facilitate
                               and not to obstruct the course of substantial
                               justice'(AIR 1955 SC 425 and AIR 1978 SC 484) in
                               arriving findings in the lis or not?
                         2. Whether the 1st appellate court is right in
                               dismissing the entire suit mainly on the ground that
                               boundaries in the suit were not mentioned (due to
                               rural, rustic back ground of the plaintiff i.e.
                               curable defect) without offering the opportunity to
                               the plaintiff to cure the procedural aspect valid or
                               not?
                         3. Whether the lower appellate court has properly
                               perceived to the cogent documentary evidence on
                               records produced by the plaintiff to substantiate
                               his assertions as a final court of facts and without
                               formulating the points for consideration             and
                               whether such judgment of the lower appellate
                               court legal sustainable or not?
                     Issue notice to the respondents.

List the matter during the 1st week of December, 2021.

______ MVR,J Pab