- (1.) THIS is an appeal against the appellate judgment of the Dist. Judge, upholding the decree of the Sadar Diwani Adalat Tonk.
(2.) THE facts of the case need not be given in this judgment. I have gone through the judgment of the learned Dist. Judge Tonk. After giving the brief facts of the case, the learned Dist. Judge disposed of the appeal by the following judgment:- "after looking into the evidence of the parties, I agree with the lower court that the fact that the partition took place between Ram Chandra and his brother is proved, and hence the plaintiff has no right to sue. I dismiss the appeal. " The plaintiff has come up to this court in second appeal. The judgment of the lower appellate court is defective and does not satisfy the requirements of Or. 41, r. 31c. P. C. In reality it is no judgment at all. Although the learned counsel for the appellant did not draw our attention to the glaring defect in the judgment, but such defects cannot be allowed to go unnoticed. The provisions of the law are mandatory and the reason is obvious. A Judge, under Or. 41, r. 31, is bound 10 give the points for decision, and the reasons for decision thereon, in-order to enable the court of appeal to see that the Judge, whose findings on fact ate binding on this court, has put properly before him the points at issue and has decided them. In Sohaban V. Bahu Nand reported in 9 Alld. 26, Justice Mehmud observed at page 31 as follows:- "i cannot but hold that Sec. 574 (present Or. 41, r. 31) of the Code contains one of the most salutary provi sions of the law and considering that this court in second appeal is bonnd to accept the findings of fact arrived at by the lower appellate court we must insist upon due obedience by those courts of the mandate of the legislature contained in that Section. The judgment pronounced in the lower appellate court in the present case is so wanting in these respects that we were startled to hear it. Such a judgment cannot be tolerated and must be set aside on this very reason. I, therefore, allow the appeal and set aside the decree of the lower appellate court and remand the case to the lower appellate court to readmit it under its original number in the register and to dispose of it according to law. The costs here and hither to will abide the event. The court fee paid on the memorandum of appeal in this court be refunded. .;