Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Appellate Court set aside the judgment of trial Court and remanded the matter back to Trial Court for fresh adjudication upon suit, without even reversing specific finding recorded in favour of plaintiffs with respect to Will in question being surrounded by suspicious circumstances - Unless said finding recorded by..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Where evidence on record is sufficient, Court of appeal would decide the issue on merits and should avoid an order of remand as the same gives longevity to litigation...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - First appellate Court has not uttered a single word in respect of dispute between plaintiffs and defendants on merit, but erroneously remanded the matter back for giving an opportunity to interveners whose claim against defendants is based on entirely different story and cause of action - Order of remand set aside -..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Where First appellate Court has not completed or effectuate adjudication of proceedings, course adopted by First Appellate Court is illegal - Judgment of First Appellate Court set aside - Matter remanded for fresh consideration...........
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 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 41, Rule 23, 23A, 25 -- Remand - Where evidence is already adduced and a decision can be rendered on appreciation of such evidence, order of remand should not be passed remitting matter to trial Court, even if lower Court has omitted to frame issue and has failed to determine any question of fact which in opinion of appellate Court is..........
