No reasonings by first Appellate court
Not appropriate for first Appellate Court to reverse the finding of fact without recording any definite finding and the reasons
Appeal – Learned first Appellate Court has failed to record any definite finding before reversing the judgment of the learned trial Court - It was not appropriate on the part of the learned first Appellate Court to reverse the finding of fact without recording any definite finding and the reasons for reversing the findings recorded by the learned trial court after critical analysis of the evidence.
Appeal – Revision – Revisable order can also be challenged in appeal against decree passed ultimately.
If a right of appeal from the decree is conceded to a defendant, in the opinion of the Court, he cannot be denied a right to challenge an order which was subject to revision in his memorandum of appeal filed from the decree ultimately passed.
2008 SCeJ 002 Wada Arun Asbestos (P) Ltd. v. Gujarat Water Supply and Sewerage Board; (2009) AIR(SC) 1027 (2009) 2 SCC 432