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VENKATA JYOTHIRMAI PRATAPA
Mandavilli Kanaka Durgamba (Died) – Appellant
Versus
Vuruma Naga Venkata Somasekhar S/o Veerabhadra Rao – Respondent
| Table of Content |
|---|
| 1. nature of the appeal and procedural context. (Para 1 , 2 , 3) |
| 2. dispute over property ownership and will claims. (Para 4 , 5 , 6 , 7 , 8) |
| 3. arguments regarding remand and possession. (Para 10 , 11 , 12 , 13) |
| 4. scope of appellate court's powers. (Para 14 , 15) |
| 5. precedent regarding remand procedures. (Para 16 , 17) |
| 6. conditions for additional evidence in appeals. (Para 19 , 20 , 21 , 22 , 23) |
| 7. limitations on appellate remand orders. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 8. critique of appellate court's remand in context of trial findings. (Para 31 , 32 , 33 , 34) |
| 9. conclusion directing appeal outcomes. (Para 36 , 37 , 38) |
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 a
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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