C.A. No. 000324 / 2015

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A first appeal under Section 96 CPC is a valuable right entitling parties to a full rehearing on both questions of fact and law; the first appellate court is mandated under Order XLI Rule 31 to independently appreciate all evidence, address every contention, and record reasoned findings — a cryptic disposal without such engagement is legally unsustainable. As analysed on casestatus.in, this obligation cannot be bypassed merely on the ground of an alleged concession by a party unless formally recorded. Failure to discharge this duty warrants remand for fresh disposal on merits.