Back
SUBBA REDDY SATTI
Nandigam Suresh – Appellant
Versus
Nandigam Charumathi Devi (Died) – Respondent
ORDER :
Plaintiff in the suit filed the above Civil Miscellaneous Appeal under Order XLIII Rule 1 (u) of CPC, against the judgment and decree dated 06.05.2022 in A.S.No.26 of 2013 on the file of I Additional District Judge, Eluru, whereby Appellate Court set aside the judgment and decree dated 29.11.2012 in O.S.No.330 of 2007 on the file of Principal Junior Civil Judge, Eluru and remanded the matter to the trial Court.
2. Parties to this judgment are referred to as per their status in the suit.
3. Plaintiff filed suit O.S.No.330 of 2007 seeking declaration of title in respect of item Nos.1 and 2 of plaint schedule property with vested remainder rights and consequently for recovery of possession of item Nos.1 and 2 of plaint schedule property.
4. The averments, in brief, in the plaint are that plaintiff is brother’s son of Sri Rayulu, who is husband of 1st defendant; that Rayulu and 1st defendant had no male issues and they brought up plaintiff from the age of 5 years and provided education and performed his marriage; that out of love and affection, Rayulu executed a registered Will dated 01.05.2004 bequeathing item Nos.1 and 2 of plaint schedule property and also residential house, whe
THE APPELLATE COURT SHOULD NOT REMAND A CASE MERELY BECAUSE IT CONSIDERED THAT THE REASONING OF THE LOWER COURT IN SOME RESPECTS WAS WRONG.
The remand order can only be made if the trial court skips finding on certain issues or decides the suit only on a preliminary issue. The court found that the trial courts had decided the suits on me....
The central legal point established in the judgment is the scope of power of remand by the Appellate Court under Order 41 Rule 23-A of the Code of Civil Procedure, 1908, and the conditions for re-tri....
The appellate court is mandated to provide reasoned findings and reassess evidence independently, as per the Code of Civil Procedure.
The appellate court can decide a case without remanding it if sufficient evidence exists, ensuring a final resolution of disputes.
The appellate court must provide cogent reasons for remanding a case, and it should decide based on existing evidence if sufficient, rather than remanding without due justification.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
