Summary Dismissal of First Appeal

Section 96 CPC  

Summary dismissal of first appeal  

Not proper though there is power under Order 41 Rule 11(1) CPC to summary dismissal of the first appeal without issuance of notice to the respondent yet, the court must be slow in exercising the power and if it chooses to do so, it must express its own reason as the appellate forum for summarily rejecting the first appeal.  

Since the appellate court has not assessed the merits of the case by reasons of its own, the dismissal of first appeal was not proper.

Harijan Vanabhai Devabhai vs  Khoda Gram Panchayat 

LPA 513/84 10/06/1993 

[ NAINAR SUNDARAM JJ ]

[ GUJARAT HIGH COURT ]