1988 Supreme(AP) 472

Andhra Pradesh High Court
Judges : S.S.M.QUADRI
Y.Bangaraiah - Appellant
Versus
G.Golla Mohana Rao - Respondent
A.A.O. No. 1232/84
Decided On : 10-31-88
Advocates Appeared :
Mr. M. Surya Rao

Headnote:CIVIL PROCEDURE CODE, Order 41, Rule 23 and 23-A - Powers of Appellate Court to remand the case for re-hearing - Stated

       Held : The power of the appellant court to remand the case for rehearing is Contained in Rules 23 and 23A of Order XLI of the Code of Civil Procedure Rule 23 is attracted when the suit is disposed of on the preliminary issue Rule 23-A applies to cases other than one covered by Rule 23

       It is settled law that the power of remand cannot be exercised to enable one of the parties to the litigation to fill up the gaps