JUDGMENT Anil Kumar, J. – Heard Sri Balram Yadav, learned counsel for appellants, Sri J.K. Sinha, learned counsel who has put appearance on behalf of respondents and perused the record. 2. Facts in brief of the present case are that, plaintiffs-respondents filed a suit for cancellation of sale deed and for permanent injunction, allowed by judgment and decree dated 21.12.2015 passed by trial court. Aggrieved by the same, the defendants filed Civil Appeal No. 6 of 2016 (Ram Abhilakh and another v. Siyaram and others), dismissed by judgment and decree dated 26.02.2016 passed by Additional District Judge, Court No. 2, Faizabad. 3. In view of the abovesaid factual background, present appeal has been filed before this Court. 4. As agreed between learned counsel for parties, the present appeal has been finally heard at the admission stage on the following substantial question of law: - "Whether the judgment, order and decree passed without formulating the point of determination, while deciding the appeal as per provisions of Order 41; Rule-31 of the Code of Civil Procedure is legally sustainable in the eye of law ?" 5. Learned counsel for appellants submits that while deciding the first appeal, it is incumbent upon the appellate court to comply the mandatory provisions as provided under Order 41, Rule 31 CPC as the same has not been done, so the judgment and decree passed by appellate court is liable to be set aside. 6. Sri J.K. Sinha, learned counsel for while rebutting the contention as raised on behalf of defendant-appellants submits that first appellate court has discussed the entire evidence on record and on the basis of its own findings, judgment has been passed, in this view of the matter, Order 41, Rule 31 CPC is substantially complied with then in this circumstances there is no illegality in the impugned judgment passed by appellate court. 7. After hearing learned counsel for parties and going taking into consideration the settled position of law on the point in question, the position which emerged out that the 1st appellate Court in most of the cases refer the issues framed by the trial court and proceed to decide the appeal on each and every issue, as if, the judgment is being passed by the trial court. Such procedure adopted by the 1st Appellate Court, cannot be said to be substantial compliance of Order 41, Rule 31 C.P.C., inasmuch as, the appellate court is required to frame its own points of determination instead of taking up the issues framed by the trial court one after the other. 8. Hon'ble the Apex court in the case reported in 2014(102) ALR page 274 A.M. Sangappa @ Sangappa v. Sangondeppa and another; observed that in a series of decisions, this Court has highlighted as to how a Regular First Appeal is to be disposed of, particularly, in the light of Order 41, Rule 31 CPC. It mandates that the appellate court has to frame points for determination, decision thereon, reasons for the decision and where the decree appealed from is reversed or varied, the relief to which the appellant is entitled. It has further been observed by the Hon'ble Supreme Court that the first appeal is a valuable right of the parties and unless restricted by law, whole case therein is open for rehearing both on questions of fact and law. Accordingly, the judgment of the appellate court must reflect its conscious application of mind and record findings supported by reasons, on all the issues arising along with the contentions put forth by both the sides. (See. Subhash Chandra Pandey and others v. Isvardin and others, 2015 (33) LCD 548 ). 9. As in the present case, the first appellant court has passed the judgment and decree dated 26.02.2016 without following the mandatory provisions of Order 41, Rule31 then in these circumstances without entering into the matter in question, the impugned judgment and decree dated 26.02.2016 passed by Additional District Judge, Court No. 2, Faizabad in Civil Appeal No. 06 of 2006 (Ram Abhilakh and another v. Siyaram and others) is set aside and the matter is remanded back to the appellate court to decide the civil appeal afresh in view of the observations made hereinabove. The said exercise shall be done within a period of six months from today. 10. For a period of six months or till the decision taken on the matter in question, parties are directed to maintain status quo as exists today. 11. With the above observations and directions, second appeal is allowed. Appeal allowed.