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Whether Any Absence of Any Finding On A Pertinent Issue Would Render The Judgement Passed by The Trial Court To Be An Order Without Exercising The Jurisdiction
Whether Any Absence of Any Finding On A Pertinent Issue Would Render The Judgement Passed by The Trial Court To Be An Order Without Exercising The Jurisdiction
“ No appeal lie against a mere finding”( Ganga bai Vs Vijay Kumar) AIR 1974 SC 1126
Also a party has right of appeal against adverse finding even if the ultimate decision is in his
favour , if the finding operates as a res Judicata against him.
Thus when Trial court dismisses a suit on merits as also on the finding that under Section 80
CPC Was invalid was bad but decided against the defendants on merits , the defendant has no
right of appeal as those findings on merits would