Back
B. SYAMSUNDER
Andhavarapu Govinda Rajulu – Appellant
Versus
Nabeen Kumar Sahu – Respondent
JUDGMENT :
B. SYAMSUNDER, J.
1. This Civil Miscellaneous Appeal is filed by the appellants/plaintiffs, against the Judgment and Decree passed by the learned Principal District Judge, Srikakulam in AS No. 71 of 2000, dated 06.11.2006, which preferred by the respondents herein against the Judgment and Decree passed in OS No. 227 of 1995, dated 20.06.2000. The learned Principal District Judge, Srikakulam remanded OS No. 227 of 1995 to the trial Court for fresh disposal after considering the documents, filed by the respondents/defendants.
2. The present Civil Miscellaneous Appeal is filed by the appellants/plaintiffs in OS No. 227 of 1995 challenging the remand Order passed by the learned Principal District Judge, Srikakulam.
3. The appellants and the respondents hereinafter referred to as plaintiffs and defendants as arrayed before the trial Court.
4. The plaintiffs instituted the suit for eviction of the defendant Nos.1 to 6 from plaint ‘A’ schedule property, and for recovery of arrears of rent with interest and also claimed future damages for use and occupation of plaint ‘A’ schedule property by the defendants from the date of suit, till the delivery of possession of the properties.
5. Af
The court established that remanding a case without valid reasons violates procedural rules, especially when sufficient evidence is available for a decision.
The appellate court has the discretion to remand a case for a fresh trial when new evidence is introduced, ensuring fairness in the judicial process.
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 that the appellate court should not remit the case to the trial court if the evidence on record is sufficient to decide the matter, and it should i....
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
