Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25 -- Remand - Necessary only when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate Court has failed to decide some material issues arising in the case or there is some procedural lacuna noticed in the trial, which has adversely affected the rights of the parties while..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, Civil Procedure Code, 1908, Order 41, Rule 22 -- Remand - Landlord tenant relationship - Decided in favour of plaintiff but suit dismissed - Appeal by plaintiff - Finding of relationship of landlord and tenant neither challenged by landlord nor by tenant by filing cross objections - Order of Appellate Court reversing said..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be compelled to be bound by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application disposed of as infructuous on the day first appeal was dismissed - Application has to be decided alongwith the first appeal - There is thus procedural error - Matter remitted - First appellate Court to decide appeal afresh and to decide application U.O.41.R.27 without..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand for de novo trial - Suit for specific performance - Ex parte decree passed against all defendants/original owners and subsequent purchasers - Ex parte decree set aside at instance of defendants 3 & 4 - Fresh notice not sent to defendants No.1 & 2 - Defendants No.1 & 2 were entitled for a fresh notice of suit once..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of specific issue - Merely because an issue is not specifically framed, cannot be basis for remanding matter, without examining aspect of prejudice suffered by either party to litigation before trial Court, particularly, when parties were clearly aware about such issue and they contested the same by..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal against remand order - Court U.O.43.R.1(u) CPC is concerned about validity of remand order and not merits of case of either party...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - First Appellate Court framed five additional issues and forwarded the same to trial Court for its decision - Trial Court decided said issues and sent back the record to First Appellate Court - First Appellate Court while deciding appeal has not taken any reference of said decision of Trial Court and thus, completely..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Where appellate Court did not frame any issue and referred matter to trial Court, case falls U.O.41.R.23-A CPC...........
