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SUBBA REDDY SATTI
M. Shameem – Appellant
Versus
Ambarapu Teepu Saheb – Respondent
JUDGMENT
Subba Reddy Satti, J. - Defendant in suit O.S. No. 652 of 2011 filed the present civil miscellaneous appeal under Order XLIII Rule 1(U) r/w. Section 105 of CPC.
2. Parties to this judgment are referred as per their array in the plaint.
3. This Civil Miscellaneous Appeal is filed against the judgment and decree dated 15.07.2021 in A.S. No. 44 of 2017 on the file of X Additional District Judge, Tirupati in allowing the appeal and remanding the matter to the trial Court.
4. On 08.12.2021 this Court ordered notices to respondents 2 and 3 and also permitted the learned counsel for appellant to take out personal notice. In compliance, learned counsel for appellant filed proof of service, vide USR No. 308 of 2022 dated 04.01.2022 along with memo with an endorsement 'refused'. In view of the postal endorsement notice was duly served on respondents 2 and 3. In spite of service of notice, none appeared on behalf of respondents 2 and 3.
5. The case of the plaintiff, in brief, is that originally, the plaint schedule property belonged to forefather of Asambee, W/o Junnu Sahib; that said Asambee was in exclusive possession and enjoyment of the schedule property; that there was thatched house
THE APPELLATE COURT SHOULD NOT REMAND A CASE MERELY BECAUSE IT CONSIDERED THAT THE REASONING OF THE LOWER COURT IN SOME RESPECTS WAS WRONG.
Point of law: Rule 23- A it is evident when the suit is decreed otherwise than on a preliminary issue and retrial is considered necessary, it is only then that the case has to be remanded. In other w....
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.
The main legal point established in the judgment is the importance of providing parties with the opportunity to adduce evidence and cross-examine witnesses. The judgment also emphasized the legal pro....
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