Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant and his witnesses for further cross examination - After remand of case both the parties refused to lead any fresh evidence - It was not appropriate for trial Court to allow recall of defendant and his witnesses for further cross examination without any cogent reason - Impugned order set aside...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court has not set aside the judgment of trial Court after discussing the merits of the case - There is no categorical appraisal of reasons recorded by trial Court before setting aside judgment and decree passed by trial Court - Order of first appellate Court remanding case back to trial Court set..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
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 -..........
Criminal Procedure Code, 1973, Section 73 -- Issuance of non bailable warrants for the reason mentioned in final report that accused did not co-operate with investigation during crime stage and that he absconded immediately after the incident - Non bailable warrants issued without issuing summons - Accused expressed his willingness to appear to take bail - An opportunity..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Entire evidence is on record - Lower Appellate Court should have framed an issue U.O.41.R.24 CPC and should have adjudicated the issue by itself - Remand of suit by lower Appellate Court is unwarranted - Lower appellate Court directed to dispose of the appeal as expeditiously as possible...........
Civil Procedure Code, 1908, Section 41 -- Remand - Appellate Court can remand the case back to trial Court if decree is reversed in appeal and retrial of case is considered necessary - However, efforts should always be made by appellate Court to decide the case on merits, rather than remanding the case back to trial Court because it entails delay and decree which has been..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Appellate Court can remand a case against a decree of lower Court disposed of otherwise on a preliminary point if decree is reversed in appeal and retrial is considered necessary not otherwise...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Partition suit along with cancellation of sale deed - Trial Court partly decreed the suit in favour of plaintiff but refused to grant relief in respect of sale deed - However, trial Court delivered the judgment without disposal of application filed u/s 45 of Evidence Act in which plaintiff specifically pleaded that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the appellate stage - Commissioner can be appointed at the appellate stage, as it would avoid probable remand of the matter...........
