Civil Procedure Code, 1908, Order 41, Rule 23, 25 -- Remand on a specific question - Finding beyond that question - That finding is beyond the scope of the order of the remand...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 22 -- Lower appellate court reversed the decree of trial court on consideration of commissioners report by lower appellate court Order cannot be sustained - Case remand to consider the entire evidence on record...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 23 -- Remand by High Court on a limited question whether entire appeal can be heard by the lower Court - AIR 1970 Madras 328 Followed wherein held that it was not open to the lower Court, when an appellate Court remanded the case to it, to do anything but to carry out the terms of the remand even if it considered that..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 23, 25 -- Power of remand cannot be exercised u/s 151 CPC - Procedure is to be followed as provided under 0.41.R.23 & 25 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Plea of no proper issue cannot be a ground for remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A - and S.13 of Court fees Act - A remand U.O.41.R.23-A cannot attract the applicability of S.13 of the Court fees Act...........
Civil Procedure Code, 1908, Order 41, Rule 25, Civil Procedure Code, 1908, Order 13, Rule 4 -- Retrial ordered by lower appellate Court as it was observed that the documents has not been endorsed with the particulars mentioned in O.13.R.4 CPC and that the requirements of the rule had not been complied with - No justification for directing a retrial when the trial Courts..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Remand of case by lower appellate court for recording further evidence - No further probe into the matter was necessary or called for when no desire was evidence by the defendant for such a course being adopted - In remanding the case the learned lower appellate Court has asked the trial court to make a fishing enquiry..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Bad handwriting of lower Court is not a ground for remand...........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Opportunity given to establish custom - Remand is illegal...........
