Showing : 1-10 of 23 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand - Non-framing of issue - Lower Appellate Court not justified in setting aside the judgment of Court of first instance without setting aside findings recorded by it - Direction issued by Lower Appellate Court while remanding the matter to frame issue is also erroneous, as neither defendants..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 107(2), Order 6, Rule 17-- Amendment of written statement - Appellate court in terms of S.107(2) has same powers as that of Court of original jurisdiction where suit is instituted - Therefore, requirement of law as existed before trial Court can be exercised by lower Appellate Court for procedural compliance - Power of..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand - Two conditions have to be fulfilled to remand a case i.e : (i) if reversal of decree is essential; and (ii) whether retrial was necessary - Merely on establishing any one of conditions mentioned above, an appellate Court shall not remand a case to Lower Court, as these twin conditions are..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal - Appeal dismissed in default - Application filed within 30 days - Lower Appellate Court ought not to have dismissed appeal in utter haste on the very first day, rather, it could have issued notice to the party, since as per remand order appeal was to be decided within a..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 25-- Remand - For consideration of all issues by setting aside judgment and decree - Lower appellate Court ought to have resorted to provision of O.41.R.25 CPC - Order of wholesale remand is legally unsustainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 43, Rule 1A-- Order of remand - Appeal against order of remand is maintainable - Matter remitted back to lower appellate Court with direction to pass afresh order in compliance with provision of O.41 CPC...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23A-- Remand of case - Propriety - Remand of case on ground that proper issues were not framed - Held, if lower appellate Court was convinced that certain issues were not framed by trial Court it should have framed necessary issues - It was incumbent upon lower appellate Court to advert to issues framed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand of case - De novo trial - Issue of estoppel and locus standi - Failure to record finding thereon - Held, suit could not be remanded merely because trial court failed to record findings on issues regarding estoppel and locus standi of plaintiff to file suit - Moreover, judgment and decree of..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 107-- Remand - All necessary issues not framed by trial Court - But in second round of litigation, lower appellate Court did frame all issues and decided the appeal - Hence, merely because all issues were not framed by trial Court in second round would not give rise to ground to entertain Second Appeal...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115-- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to remand..........

Showing : 1-10 of 23 Results