Ramnath Exports Pvt Ltd v. Vinita Mehta and Ors (2022 ) 7SCC 678

Civil Procedure Code , 1908,
S.96 : Appeal from original decree – Appeal – Commissioner (Appeals) – Duties -First appeal is a valuable right – Appellate authority is required to address itself to all issues and decide the appeal assigning valid reasons. [ITAct , S. 250, 251 ]

The Court held that first appeal is a valuable right of the appellant and therein all questions of fact and law are open for consideration by reappreciating material and evidence . Therefore first appellate Court is required to address itself to all issues and decide appeal assigning valid reasons either in support or against by reapprasial.

Court of appeal must record its finding dealing with all issues, considering oral as well as documentary evidence led by parties . (CA No. 4639 of 2022 dt 5 th July 2022 .)