Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court of appeal should not pass an order of remand in a routine manner - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to decide the dispute between parties on merit on available evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand - Remand of suit for fresh trial because of the fact that issues were not separately dealt with - Appellate Court cannot shirk its duties to dispose of appeal on merit - Order of remand should be passed in exceptional cases where it is not possible for Appellate Court to..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-framing of issue with regard to S.53-A of T.P. Act - Courts below have not considered issue with regard to defence of defendant u/s 53-A of T.P Act, which is a mixed question of fact and law - Judgments of both the Courts below set aside - Matter remitted back to trial Court for fresh disposal in accordance..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case with direction to restrict the same for writing a fresh judgment only - Once matter has been remanded back to SDO apparently U.O.41.R.23-A CPC, there was apparently no justification for restricting the same for writing a fresh judgment only - Direction held, modified and post remand parties would be free to..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Ex parte decree - First Appellate Court has not reversed the decree on merit and simply held that trial Court has wrongly proceeded ex parte against defendants - First Appellate Court ought to have considered appeal on merit and in case appellate Court finds it to be a fit case for reversal then only it can remand..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - Where Lower Appellate Court was not satisfied with findings returned by trial Court then it has always jurisdiction to reappraise the same and record its own finding - All the issues and grounds taken by Lower Appellate Court to justify its order of remand does not sound to reason - Lower Appellate..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Trial Court directed to get correct map prepared and thereafter dispose of issues but First Appellate Court neither set aside judgment nor directed trial Court to return findings and reasons therefor - Further, first Appellate Court instead of fixing any time has disposed of appeal which could not have been done by..........
West Bengal Premises Tenancy act, 1956, Section 17(2), Civil Procedure Code, 1908, Order 41, Rule 23A -- Eviction petition - Remand of case - First appellate Court did not even discuss evidence on record - Even, first appellate Court did not care to turn to pages of depositions and documentary evidence on record while disposing of appeal mechanically - Moreover, evidence..........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Inspection of suit property by Court - Remand of case - Both lower Court and Lower Appellate court have powers to inspect property by invoking O.18.R.18 CPC, apart from taking photograph and videograph of place in question - Lower Appellate Court ought not to have remanded matter to Lower Court, instead case could have been..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
