JUDGMENT : N. Santosh Hegde, J. Heard learned counsel for the parties. 2. Leave granted. 3. The High Court by the impugned judgment has dismissed the first appeal without properly considering the evidence on record or for that matter even the arguments and the grounds raised in support of the appeal. We do not think that the High Court could have done this without calling for the records and considering the evidence by itself. Being a the last court of appeal on facts it is the duty of the court to go into all the questions raised in the appeal and also the challenge to the evidence led in the case. This having not been done, this judgment cannot be sustained. 4. We allow this appeal and set aside the judgment of the High Court and remit the matter back to the High Court for fresh disposal in accordance with law.