1985 Supreme(AP) 305

Andhra Pradesh High Court
Judges : K.RAMASWAMY
Saraswathi Devi - Appellant
Versus
J. Satyanarayana Raju - Respondent
C. M.A. No 124/83
Decided On : 07-23-85
Advocates Appeared :
Mr. R.V. Subba Rao, Mr. N. Venkata Rao, Mr. V. Venkataramanayye

Headnote:CIVIL PROCEDURE CODE, Order 41, Rule 23 - High Court remanding a case to the Lower Appellate Court for disposal of all issue afresh - lower appellate Court disposing of certain issues and remanding the suit on one issue to the trial Court - Not Sustainable

       HELD: When the matter was remanded by the High Court to the lower Appellate Court to dispose of all issues on merit the lower appellate Court instead of abiding by the remand order committed illegality in making further remand for retrial enabling the respondents to fill in the lecuna to the detriment of appellant, which is likely to cause miscarriage of justice to the appellants Therefore, the order of remand made by the lower Appellate Court is illegal

       CMA Allowed