Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-consideration, failure or mis-appreciation of an issue may not be a ground to order remand of case, when evidence on record is sufficient for determination of issue by appellate Court. `(Para 4)..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Remand of a case either to fill lacuna in evidence or in the case set up or failure to adduce evidence cannot be a ground of remand, when dispute was within knowledge of parties and proceeded or defended suit with that knowledge - But, when there is denial of sufficient opportunity to adduce evidence resulting..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit - When first appellate Court had come to a conclusion that matter needs to be remanded, it was not proper on part of first appellate Court to express an opinion on merits - When order of remand is to be passed, first appellate Court is expected to give reasons which support the order of remand -..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matters finally disposed of by order of remand cannot, any of them, be re-opened when case comes back before High Court in second round from first appellate Court - But if at the time of remand, no final decision is given on a point, though some observations only are..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - When an appellate Court remands the case for further inquiry, lower Court has to act within the limits of remand order - It cannot reopen the finding of appellate Court, if does so, it exceeds the limits of its jurisdiction...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Trial Court disposed of suit on merits and not on preliminary issue - In appeal, first appellate Court set aside judgment and decree of trial Court and directed trial Court to decide suit afresh - Order of remand passed by first appellate Court is in exercise of its powers U.O.41.R.23-A CPC and not U.O.41.R.23 or..........
Civil Procedure Code, 1908, Order 41, Rule 23A, Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Second appeal - Maintainability - Order of remand passed U.O.41.R.23-A CPC is amenable to appeal U.O.43.R.1(u) CPC - Second appeal against such an order is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - When Appellate Court remands the matter back to trial Court, limiting the scope of suit, trial Court is bound to follow the directions contained in the order of remand and cannot extend the scope of remand...........
