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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

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    The document discusses whether a trial court's judgement would be considered an order without jurisdiction if it lacked findings on a pertinent issue. It notes that no appeal can be made against a mere finding alone, but a party can appeal adverse findings even if the ultimate decision is in their favor, if the finding acts as res judicata against them. For example, if a trial court dismisses a suit on merits and also finds that a claim under Section 80 CPC was invalid, but rules against the defendants on the merits, the defendants cannot appeal as the findings on the merits would still stand against them.

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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.docx

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    The document discusses whether a trial court's judgement would be considered an order without jurisdiction if it lacked findings on a pertinent issue. It notes that no appeal can be made against a mere finding alone, but a party can appeal adverse findings even if the ultimate decision is in their favor, if the finding acts as res judicata against them. For example, if a trial court dismisses a suit on merits and also finds that a claim under Section 80 CPC was invalid, but rules against the defendants on the merits, the defendants cannot appeal as the findings on the merits would still stand against them.

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    9 views1 page

    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

    Uploaded by

    lucifer morningstar
    The document discusses whether a trial court's judgement would be considered an order without jurisdiction if it lacked findings on a pertinent issue. It notes that no appeal can be made against a mere finding alone, but a party can appeal adverse findings even if the ultimate decision is in their favor, if the finding acts as res judicata against them. For example, if a trial court dismisses a suit on merits and also finds that a claim under Section 80 CPC was invalid, but rules against the defendants on the merits, the defendants cannot appeal as the findings on the merits would still stand against them.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
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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?

    “ 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

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