THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY SECOND APPEAL NO.59 OF 1992 Dated 17th February, 2010 Between: M.Ramachandra Reddy died per L.Rs M.Vajravathammam and others ….Appellants And Gottigunta Dasaratharama Reddy …Respondent Counsel for the appellants : Sri K.Raji Reddy Counsel for the respondent: Smt P.Sharada The Court made the following JUDGMENT: The substantial question of law that arises for consideration in this Second Appeal is: “Whether the appellate Court can allow the appeal and set aside the reasoned judgment after setting the respondents ex parte without giving reasons for decreeing the same?” The facts are not in dispute. The respondent herein filed O.S.No. 188 of 1974 on the file of the District Munsif, Kovvur initially for permanent injunction and later for declaration of title and recovery of possession by way of an amendment. After a full-fledged trial, the trial Court dismissed the suit by its judgment and decree dated 23.04.1981. The respondent/plaintiff carried the matter in appeal, which was registered as A.S.No.18 of 1986 on the file of the Subordinate Judge, Kovvur. On 25.04.1989, the lower appellate Court had set respondents 1 and 2 in the appeal before it ex parte as they were called absent and allowed the appeal. Against the said order, respondent No.1 in the appeal before the lower appellate Court/defendant No.1 filed this Second Appeal. During the pendency of the Second Appeal, the sole appellant died and appellants 2 to 5, who are respondents 4 to 7 in the appeal before the lower appellate Court/defendants 4 to 7, were brought on record as the legal representatives of the deceased appellant. Under Order XLI Rule 17(2) of Code of Civil Procedure, 1908 (for short “the Code”), where the appellant appears and the respondent does not appear, the appeal shall be heard ex parte. Under Rule 31 of Order XLI of the Code, the judgment of the appellate Court shall be in writing and shall state the points for determination; the decision thereon; the reasons for the decision and where the decree appealed from is reversed or varied, the relief to which the appellant is entitled. It is, therefore, incumbent upon the lower appellate Court to deliver a reasoned judgment with the contents referred to above. The lower appellate Court appears to be oblivious of this fundamental requirement in allowing the appeal as if it was dealing with a suit. In a suit, the provisions of the Code specifically provided for passing an ex parte decree. Such a provision is not made in respect of appeals because a decree of the trial Court dismissing the suit is based on a reasoned judgment and the appellate Court cannot pass an ex parte decree by reversing the reasoned judgment without assigning reasons. On the above premises, the Second Appeal is allowed and the purported judgment and decree under Second Appeal are set aside. A.S.No.18 of 1986 is remitted to the learned Senior Civil Judge, Kovvur, Nellore District for disposal of the same on merits according to the procedure prescribed under the Code. Since the appeal is a very old matter, the same shall be disposed of by the lower appellate Court within a period of three (3) months from the date of receipt of a copy of this judgment. C.V.NAGARJUNA REDDY, J Dated 17th February, 2010 vrn