Short Note : 1. This second appeal has been filed by the defendant-appellant against the judgment and decree passed by the Additional District Judge, Indore on 26-7-65, who on appeal against the judgment and decree passed by the Civil Judge Class II, Indore, on 26-10-64 set aside the judgment and decree of the trial Court and decreed the suit of the plaintiff-respondent. Held: The learned Judge of the lower appellate Court has set aside the decision of the trial Court cursorily without giving reasons as to why he disagreed with the appreciation of the evidence done by the trial Court. The learned Judge has failed to notice that in the plaint the incident is alleged of a particular day i.e. Janmashthami day; whereas in Ex. P-5 the notice there was no reference to the incident of the Janmashthami day, nor in the notice Ex. P-5 there was any reference to the presence of any person at that time. Ex. P-5 clearly goes to show that a mere general allegation was made in this notice and the learned trial Court, therefore, on the basis of this notice felt that the subsequent allegation in the plaint and the evidence is an after thought and after scrutinising the evidence came to the conclusion that the plaintiff has failed to establish his case The learned lower appellate Court has not at all considered those questions. It has observed that Ex. P-5 contains the substance as it could not be disputed that Ex. P-5 did not refer to any particular incident. But how the learned Judge felt that Ex.P-5 contains the substance of the allegations made in the plaint and the evidence, has not been demonstrated from the recitals in the Ex. P-5 itself. Apparently, Ex. P-5 does not contain anything which could be referred to the Janamashtami incident. The learned lower appellate Court, therefore, has set aside the findings arrived at by the trial Court without at all going into the evidence and without examining the reasons given by the learned trial Court. Appeal allowed.