Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - It is incumbent for Appellate Court to set aside judgment and decree passed by trial Court on merits and conclude by giving adequate reason for necessity of retrial of suit...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 23A -- Remand - Court has neither set aside judgment of trial Court on merits nor it has recorded the reasons for which trial is considered necessary - Judgment of first appellate Court set aside - First appellate Court to decide the appeals afresh after hearing parties...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh one - Cannot be allowed by denying liberty to file a fresh suit - Suit can either be dismissed or allowed in toto and not in part...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of sale deed - Jurisdiction of Tribunal - Serious issue of jurisdiction raised that in absence of there being any condition as mandatorily required u/s 23 of the Act, Tribunal had no jurisdiction to direct cancellation of sale deed - Case being arguable and raising an issue of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of sale deed - Jurisdiction of Tribunal - Serious issue of jurisdiction raised that in absence of there being any condition as mandatorily required u/s 23 of the Act, Tribunal had no jurisdiction to direct cancellation of sale deed - Case being arguable and raising an issue of..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Suit for possession and recovery of arrears of rent - Mere fact that additional issues relate to tenability of suit or regarding ownership were not decided though framed, cannot be ground for remand, particularly when lower appellate Court could have decided the same considering law and evidence on record...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Points touching appreciation of evidence were not dealt with by trial Court, may not be proper ground for remand because first appellate Court is itself possessed of jurisdiction to enter into facts and appreciate evidence...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Mere fact that certain authorities cited and relied upon by both the parties have not been considered and dealt with by trial Court, cannot be held as sufficient ground for remand of matter...........
Civil Procedure Code, 1908, Order 23, Rule 1(5) -- Withdrawal of suit - More than one plaintiff - One plaintiff not allowed to abandon suit or part of his claim without consent of other plaintiffs...........
Civil Procedure Code, 1908, Order 23, Rule 1(5) -- Withdrawal of suit by one out of several plaintiffs - If one of several plaintiffs having independent right to relief and which is severable from the right claimed by the other plaintiff(s) seeks to abandon his claim in the suit once and for all without reservation and such abandonment does not affect the right to relief..........
