Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Remand of appeal by High Court - Application for adducing certified copy of gift deed as additional evidence - Appellate court rejected aforesaid petition - Civil revision filed also dismissed - Plaintiff could not take aid of S.105 CPC - Once order was unsuccessfully challenged in revision it could..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Remand - Substantial portion of judgment of trial Court as well as Single Judge based on pure conjectures - Matter remanded to High Court for fresh disposal of appeal...........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back..........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Appellate Court framed additional issue - Matter remanded to trial Court for recording evidence of both parties on additional issue and to decide the suit afresh after considering each issue separately - Remand was not for de novo trial - Amendment of written statement cannot be allowed at..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Question of ouster of jurisdiction - Refusal to remand back case - Power of court - Application for deciding question of ouster of jurisdiction was specifically denied by filing Affidavit-i, Opposition - All materials for deciding such question are available before this Court - Held, in such circumstances, instead of remand,..........
Civil Procedure Code, 1908, Order 43, Rule 1(u), Partnership Act, 1932, Section 69(2A) -- Remand - Appeal against - Suit for dissolution of unregistered partnership firm - Maintainability - Since S.69(2-A) of the Act is held to be unconstitutional, a suit by a partner of unregistered firm for dissolution for accounts and for realization of his share is maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 23,25 -- Remand order - Scope - Limited power - If appellate Court is of view that issues should have been recast then power lies with appellate Court itself to recast issues - O.41.R.25 applies when appellate Court notices omission on the part of trial Court to frame or try any issue or to determine any question of fact which..........
Civil Procedure Code, 1908, Order 41, Rule 1(u), 24, 33 -- Order of remand - Appeal against - Appellants prayed for setting aside impugned judgment and decree of first appellate Court remitting back the matter to trial Court for afresh disposal, with further prayer to remand the matter to first appellate Court with a direction to decide appeal on merits on all questions..........
Civil Procedure Code, 1908, Section 107 -- Remand - Exercise of power - Only where a fresh issue is required to be framed and a finding on it is necessary which cannot be recorded by the appellate Court for want of sufficient evidence...........
