Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Habibullah Khan Vs. Abdullah Khan and ors.

Habibullah Khan vs Abdullah Khan and ors.

Type Court Judgment Court Allahabad Decided Jan 25, 1911
~2 min read
https://sooperkanoon.com/case/458549

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Allahabad
Judge
Decided On
Subject
Arbitration

Case Summary

AI-generated summary - not the official court judgment text.

Civil Procedure Code (Act 7 of 1908), Order XLI, Rule 31 - Judgment of Appellate Court. -

Key legal issue
Arbitration

Parties & Advocates

Appellant / Petitioner

Habibullah Khan

Respondent

Abdullah Khan and ors.

Legal References

Reported In
9Ind.Cas.804

Excerpt

civil procedure code (act 7 of 1908), order xli, rule 31 - judgment of appellate court. - richards, j.1. this appeal arises out of a suit in which the plaintiff claimed possession of a certain property. the defence was that the property was never at any time the property of the plaintiff. the defendants went on to show that the parties were related, that the property in dispute although purchased in the name of the plaintiff when he was a child of three years was never his and that finally in a family arbitration it was specifically awarded to the defendants. the court of first instance in an elaborate and careful judgment dealt with all the facts. the judgment of the district judge is very short and it certainly does not comply with the provisions of order xli, rule 31 of the code of civil procedure. i can, however, see that the questions which arose in the case were really decided. the evidence in favour of the defendants was overwhelming and i do not intend to put the parties to the unnecessary expenses of a further litigation. i, however, wish to point out to the learned district judge that order xli, rule 31 provides that his judgment as an appellate court should state (1) the points for determination, (2) the decision thereon and (3) the reasons for the decision. in very many cases mr. simpson has neglected to observe the provisions of order xli, rule 31 of the code. in a simple case the judge can comply with terms of order xli, rule 31 without writing an unnecessarily long judgment. i hope in future the learned district judge will pay attention to the rule. in the present case the only ground of appeal is the non-compliance by the judge with the rule and i have already ordered that the attention of the district judge should be called to this. i dismiss the appeal.

Full Judgment

Richards, J.

1. This appeal arises out of a suit in which the plaintiff claimed possession of a certain property. The defence was that the property was never at any time the property of the plaintiff. The defendants went on to show that the parties were related, that the property in dispute although purchased in the name of the plaintiff when he was a child of three years was never his and that finally in a family arbitration it was specifically awarded to the defendants. The Court of first instance in an elaborate and careful judgment dealt with all the facts. The judgment of the District Judge is very short and it certainly does not comply with the provisions of Order XLI, Rule 31 of the Code of Civil Procedure. I can, however, see that the questions which arose in the case were really decided. The evidence in favour of the defendants was overwhelming and I do not intend to put the parties to the unnecessary expenses of a further litigation. I, however, wish to point out to the learned District Judge that Order XLI, Rule 31 provides that his judgment as an Appellate Court should state (1) the points for determination, (2) the decision thereon and (3) the reasons for the decision. In very many cases Mr. Simpson has neglected to observe the provisions of Order XLI, Rule 31 of the Code. In a simple case the judge can comply with terms of Order XLI, Rule 31 without writing an unnecessarily long judgment. I hope in future the learned District Judge will pay attention to the rule. In the present case the only ground of appeal is the non-compliance by the Judge with the rule and I have already ordered that the attention of the District Judge should be called to this. I dismiss the appeal.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial