Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Remand order - Second appeal not maintainable against remand order in view of O.43.R.1(u) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Since trial Court decided the suit only on the question of maintainability of the suit and has not recorded findings on other issues therefore, appellate Court by reversing findings of trial Court in respect of maintainability of the suit was required to remit the matter to trial Court for deciding the other..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Remand of case - Appellant raised formidable issues on facts as well as on law which ought to receive proper attention of High Court in first instance in exercise of power u/s 96 CPC - Additionally, High Court will have to address grievance of appellant that some of documents which in opinion of appellant are crucial..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case - Issue of rectification of decree sheet - Direction can be issued to trial Court to amend decree and this cannot be a reason to remand the case...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appeal - Appellate Court was aware about seven issues those were framed by trial Court and then went on to pick up each issue which was framed by trial Court for discussion - Such exercise is not contemplated U.O.41.R.31 CPC - First Appellate Court should apply its own mind and frame those points for determination..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case on the grounds, viz. (a) Defendant not afforded an adequate opportunity to file his written statement; (b) In the absence of written statement defendant could neither adduce proper evidence nor file any documentary evidence in support of his case; (c) Suit decided on the basis of insufficient evidence as such..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Report of Local Commissioner suffering from an irregularity i.e. want of following applicable instructions - Proper course for High Court is either to issue a fresh commission or to remand the matter for reconsideration - Entire suit cannot be dismissed for any irregularity on the part of Local..........
Civil Procedure Code, 1908, Section 107(b) -- Powers of appellate Court - Remand - Partition suit - There is absence of relevant material as is required to adjudicate contentions in a suit for partition - Court sitting in appeal is not in a position to determine the case finally as contemplated in S.107(a) CPC - Matter remanded to trial Court...........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Powers of appellate Court - Evidence of both the parties available on record - Only a legal issue pertaining to question whether suit is barred by limitation, remains undecided - Appellate Court directed to decide the issue of limitation itself being First Appellate Court, as evidence is already led - Order of..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23, 23A -- Additional evidence at appellate stage - Remand - High Court Committed error by allowing three applications filed U.O.41.R.27 CPC and relegated the parties before trial Court - High Court ought not to interfere with discretion exercised by First Appellate Court in dismissing said three applications, that too when..........
