IL and FS Engineering & Constructions Co. Ltd. vs. Bhargavarama Constructions & Ors. (SC)

Code of Civil Procedure, 1908–Secs. 96 & Order 41, Rule 31 & Order 1, Rule 10–First appeal–While allowing the application for impleadment, thereafter, without further entering into the merits and/or expressing anything on merits and solely on the ground that as the application for impleadment was allowed, the High Court set aside the judgment and decree passed by the trial Court with a direction to decide the suit afresh–Whether proper ?–Held, no–First appellate Court cannot dispose of the first appeal without raising the points for the determination as provided under Order 41, Rule 31–Matter deserves to be remanded back to High Court for deciding the first appeal in accordance with law and its own merits.