M. R. SHAH, J. ( 1 ) ADMIT. Mr. Vimal Patel, learned advocate waives service of notice of admission on behalf of respondent no. 1 who is the main contesting party. Paper book and printing is dispensed with. ( 2 ) IN the facts and circumstances of the case and with the consent of the learned Advocates appearing for the respective parties the appeal is taken up for final hearing today. ( 3 ) PRESENT Second Appeal under section 100 of the Code of Civil procedure has been preferred by the appellants - original defendants No. l and 6 to quash and set aside the impugned judgment and order dated 31. 1. 2008 passed by the learned presiding Officer, 1st Fast Track Court. Mahesana in Regular Civil Appeal no. 13 of 2003 dismissing the same and confirming the judgment and decree dated 31. 3. 2003 passed by the learned trial Court passed in Regular Civil Suit no. 188 of 1996. ( 4 ) BEING aggrieved and dissatisfied with the judgment and decree passed by the learned Civil Judge (J. D. ). Kadi passed in Regular Civil Suit No. 188 of 1996, the appellants herein - original defendants No. l and 6 preferred regular Civil. Appeal No. 13 of 2003 before the District Court Mahesana under Order 41 Rule 31 of the CPC read with Section 96 of the CPC. The aforesaid appeal came to be heard. decided and disposed of by the learned presiding Officer, 1st Fast Track Court, mahesana, who by his impugned judgment and order dated 31. 1. 2008 dismissing the said appeal and confirmed the judgment and decree passed by the trial Court. ( 5 ) AT the outset it is required to be noted that number of issues were raised by the trial Court while deciding the suit inclusive of the ownership of the disputed land/property in question etc. , which were framed at Exh. 59. Still the learned appellate Court while deciding the appeal framed only one point for determination which reads as under:-"whether the impugned order dated 31. 3. 2003 passed by the Civil Judge (J. D.) Kadi in Regular Civil Suit no. 188/96, is illegal, perverse and against the principle of law and is liable to be set aside? ( 6 ) THE learned appellate Court without framing any other issue had proceeded further with the appeal and ultimately dismissed the said appeal. 3. 2003 passed by the Civil Judge (J. D.) Kadi in Regular Civil Suit no. 188/96, is illegal, perverse and against the principle of law and is liable to be set aside? ( 6 ) THE learned appellate Court without framing any other issue had proceeded further with the appeal and ultimately dismissed the said appeal. ( 7 ) IT is to be borne in mind that as provided under Order 41 Rule 31 of the cpc, the judgment of the appellate court shall state - (a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d)where the decree appealed from is reversed or varied, the relief to which the appellant is entitled. ( 8 ) SHRI Suresh M. Shah, learned advocate appearing on behalf of the appellants has relied upon Rule 414 of the CPC which reads as under:- "rule 414 :- The appellate Court should frame suitable points for determination in appeals in accordance with the same principles on which issues are framed in the trial Court. " ( 9 ) IN view of the above and considering the impugned judgment and order passed by the learned appellate Court, it appears that the learned appellate Court has not strictly followed Order 41 Rule 31 of the CPC. 'the impugned judgment and order passed by the learned appellate Court is absolutely non-reasoned order and even the learned appellate Court has not properly framed the points for determination. To frame the point for determination to the effect that whether the impugned judgment and decree passed by the learned trial Court is illegal, perverse or against the principle of law and is liable to be set aside, it cannot be said that the learned appellate court has properly framed the points for determination. The learned appellate Court was required to frame the points for determination considering the issues involved in the matter which were dealt with and considered by the learned trial Court. Thus, the impugned judgment and order. passed by the learned appellate Court cannot be sustained. ( 10 ) SHRI Vimal Patel. The learned appellate Court was required to frame the points for determination considering the issues involved in the matter which were dealt with and considered by the learned trial Court. Thus, the impugned judgment and order. passed by the learned appellate Court cannot be sustained. ( 10 ) SHRI Vimal Patel. learned advocate appearing on behalf of the respondent No. l herein - original plaintiff who is the main contesting party, under the instructions from his client, has agreed to quash and set aside the impugned judgment and order passed by the learned appellate Court and to remand the matter to the learned appellate Court for deciding the same in accordance with law and on merits and after following Order 41 Rule 31 of the cpc and after framing necessary points for determination which are required to be considered, considering the controversy involved in the suit. ( 11 ) SHRI Vimal Patel, learned advocate appearing on behalf of respondent No. 1 does not invite any further order, however, has requested that some time limit be fixed for deriding the appeal on remand as even the civil suit was filed in the year 1996 and the appeal was filed in the year 2003. ( 12 ) IN view of the above and for the reasons stated above, the present second appeal is allowed. The impugned judgment and order passed by the learned Presiding Officer, 1st fast Track Court, Mahesana dated 31. 1. 2008 passed in Regular Civil appeal No. 13 of 2003 is hereby: quashed and set aside and the matter is remanded to the District Court mahesana for deciding the same afresh in accordance with law and on merits without in any way being influenced by the present order of quashing and setting aside the impugned judgment and order, as this Court has not expressed anything on merits in favour of either parties and as such this Court has not entered into the merits of the case at all and the impugned judgment and order is set aside on the ground stated hereinabove. ( 13 ) THE learned appellate Court is directed to frame the points for determination properly looking to the controversy in the suit and the issues framed by the trail Court and pronounced the judgment after considering Order 41 Rule 31 of the cpc and pass a reasoned order on all points and the issues. ( 13 ) THE learned appellate Court is directed to frame the points for determination properly looking to the controversy in the suit and the issues framed by the trail Court and pronounced the judgment after considering Order 41 Rule 31 of the cpc and pass a reasoned order on all points and the issues. The learned appellate Court on remand to decide and dispose of the said appeal as stated above at the earliest but not later than 30th April, 2011. All concerned are directed to cooperate, the learned appellate Court in deciding and disposing of the aforesaid appeal at the earliest and within the stipulated time as stated hereinabove. The learned principal District Judge, Mahesana, is hereby directed to see that the aforesaid appeal on remand is decided and disposed of by the concerned Court at the earliest and within the stipulated time as stated hereinabove. ( 14 ) WITH the aforesaid observations and directions, the appeal is disposed of with no order as to costs. ( 15 ) IN view of the disposal of second appeal, no order on Civil Application.