Judgment and decree set aside

Querist : Anonymous (Querist) 16 November 2011 This query is : Resolved
Dear experts please answer my query,

Trail court framed 4 issues and answered all against plaintiff.
Appeal made by plaintiff, appellate court discuses 2 issues and ordered that "the Judgment and Decree of lower court is Set aside"

1)Since Judgment set aside, whether all the 4 issues, (finding) of trail court are set-aside OR only 2 issues discussed and answered by the appellate court is reversed?

2) whether the finding of the trail court on issuses no which no discuses or answer made by appellate court is the final? If not what will be the answer to the 2 issues not answered by appellate court?

Thanks in advance.

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ajay sethi (Expert) 16 November 2011
if judgement is set aside entire order is set aside . the court did not feel it was necessary to go into other 2 issues as it felt that the order passed by trialcourt was perverse and not maintanable .

prabhakar singh (Expert) 16 November 2011
The Court of appeal after hearing appeal got satisfied that the judgement can not sustain hence set aside it then entire judgement shall be understood to have been set aside
in appeal.

Rajeev Kumar (Expert) 16 November 2011
I totally agree with mr.sethi and Prabhakar sir

Raj Kumar Makkad (Expert) 16 November 2011
I share my views in favour of common reply of all experts.

Devajyoti Barman (Expert) 17 November 2011
Though it would presume that the appellate court has given a wholesome decision but it does suffer from lacuna in its decision by not considering the all 4 issues specially if the trial court discussed and considered all the issues.

In the second appeal I find great chance to either get the first set aside or its remand to it for consideration of those issues left out by the first appellate court.

Kirti Kar Tripathi (Expert) 17 November 2011
Once the judgment and decree is set aside. This means entire judgment and decree lost its effect and entire case is open. in case, the order of appeal is not challenged the lower court has to decide all the four issues.

girish shringi (Expert) 21 November 2011
Could not understood Mr.Tripathi,what you want to suggest?

Guest (Expert) 05 December 2011
Agree with Shri Devajyoti.

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