(A) Code of Civil Procedure, 1908 – Order 18 Rule 18 – Spot Inspection – Power of Judge – The purpose of empowering the Court to inspect any property is to understand and appreciate the evidence but the Court cannot base its conclusion based on the observations made on the spot. The Court can carry out the spot inspection but cannot base its judgment on the result of the spot inspection carried out by it. First Appellate Court had heavily relied upon the observations made by the Court to contradict the site plan of the plaintiffs which was impermissible. (Para 19, 23)
(B) Code of Civil Procedure, 1908 – First Appeal – Reasons to reserve trial court findings – The Learned Trial Court had given cogent reasons for relying upon the site plan of the plaintiffs and rejecting the site plan of the defendants. Learned First Appellate Court has not displaced those reasons and has relied upon the observations made on the spot as well as the absence of the passage in the site plan filed by the plaintiffs. First Appellate Court erred in reversing the well-reasoned judgment passed by the learned Trial Court without assigning any cogent reasons. (Para 30, 34)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 189 HP
Ram Gopal And Others Vs. Brij Lal (Since Deceased) Through Lrs.
RSA No. 305 of 2009-Decided on 21-9-2023
https://stpllaw.in/wp-content/uploads/2023/10/2023-STPLWeb-189-HP.pdf
