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VENKATA JYOTHIRMAI PRATAPA
Mandavilli Kanaka Durgamba (Died) – Appellant
Versus
Vuruma Naga Venkata Somasekhar S/o Veerabhadra Rao – Respondent
JUDGMENT :
VENKATA JYOTHIRMAI PRATAPA, J.
1. This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(u) of Code of Civil Procedure, 1908 (in short ‘C.P.C.’) by plaintiff Nos. 2, 3, 6 and 7 against the impugned judgment and decree in A.S. No. 116 of 2009, dated 21.03.2013 on the file of I Additional District Judge, West Godavari, Eluru (in short, appellate court) whereby the judgment and decree in O.S. No. 40 of 2003, dated 02.02.2008 on the file of Additional Senior Civil Judge’s Court, Eluru (in short, trial court) was set aside, and the appeal was allowed in favour of the defendants remanding the matter to the trial Court for a fresh disposal.
2. The appellants herein were the plaintiffs 2, 3, 6 and 7, whereas the respondents were the defendants before the trial court. For the sake of convenience, parties hereinafter will be referred to as arrayed before the trial Court.
3. Bereft of unnecessary details, facts necessary for the disposal of the appeal in brief need mention in order to appreciate the controversy involved in the appeal.
4. Case of the plaintiffs:
The Appellate Court cannot remand a case without meeting the specific criteria outlined in the Civil Procedure Code, particularly under Order 41, Rules 23, 23-A, or 25.
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.
Remand orders must adhere to strict procedural requirements; mere routine remanding without due diligence in evidence withholding is impermissible.
The appellate court's power to remand a case for retrial is not uncanalized or unbridled, and an unjustified remand without recording a finding that the appellate court was not equipped to finally de....
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 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....
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