Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Appellate Court is under obligation to decide itself the lis between parties, unless it comes to definite finding that matter requires leading of evidence once again by Court below - Appellate Court no doubt has power to remand matter but it has to follow certain conditions - Since, record is sufficient to..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of first instance, if disposes of a suit on a preliminary point, provision of O.41.R.23 CPC enables appellate Court to remand case to Court of first instance for determination of such suit on merits...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Refusal to entertain plaint by rejecting the same on any of grounds U.O.7.R.11 CPC, is not an order disposing suit on preliminary point - Therefore, in setting aside said order and directing trial of suit on merits, appellate Court does not exercise power U.O.41.R.23 CPC...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Title suit - Appellate Court was of view that documentary evidence with respect to partition was necessary for just disposal of case - Neither of parties have brought documentary evidence with respect to partition in family property - There was thus, no occasion for appellate Court to have remanded the case for a..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Whenever an Appellate Court remands a case either U.O.41.R.23 or U.O.41.R.23-A CPC or frames issues and refers them for trial U.O.41.R.25 CPC, it must as mandated U.O.41.R.26-A CPC to fix a date for appearance of parties before trial Court for purposes of receiving directions of trial Court as to further..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - While exercising power U.O.41.R.23-A CPC, appellate Court has no need to discuss finding of fact on several issues on merits...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Once first appellate Court has formed an opinion to remand case, it was required to give reasons in respect of remand order as to why remand is necessary in that case...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for permanent injunction - Lower Appellate Court has committed a grave error in not noticing evidence of either of parties, neither returning any definite finding regarding property in dispute, construction or possession of either of parties and has dismissed the same - Since disputed issues between..........
Civil Procedure Code, 1908, Order 41, Rule 23, 25 -- Remand - Trial Court without taking into consideration of relevant basis of valuation and without giving any opportunity of evidence to parties has determined valuation of property solely on basis of Amin report - Additional Amin report is required in the matter and parties have also to be given opportunity of producing..........
