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Supreme Court of India 2025-04-16 allowed

NAFEES AHMAD & ANR vs SOINUDDIN & ORS

Bench: 2 — J.B. Pardiwala, R. Mahadevan

In Brief

In this civil appeal, the Supreme Court clarified that Order 41 Rule 31 of the Civil Procedure Code, 1908—which prescribes that appellate judgments must state points for determination, decisions, and reasons—applies flexibly. The Court held that these formalities are required only when the appellant actually raises points for determination. Non-compliance does not automatically void a judgment if substantial compliance exists. An appellate court may pronounce judgment after hearing the parties, and if the appellant submits no grounds, the court may simply state that no error has been shown. The Court reversed the High Court's view that strict adherence to Rule 31 is mandatory in every appeal.

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Civil Procedure Appellate Practice Judgment Writing CPC Order 41

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