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N. J. JAMADAR
Parag Babasaheb Bamne – Appellant
Versus
Pandurang Anandrao Rayte – Respondent
ORDER :
1) This Appeal is directed against a judgment and order dated 18th June, 2019, passed by the learned District Judge whereby the learned District Judge was persuaded to partly allow the Appeal, set aside the judgment and decree dated 25th April, 2017, passed by the learned Civil Judge, Senior Division, Pune in Special Civil Suit No. 1044 of 2010 and remand the suit for fresh decision on the issue framed by the learned District Judge in paragraph Nos. 60 and 75 of the impugned judgment and order, purportedly under Order 41, Rule 25 of the Code of Civil Procedure, 1908 (“the Code, 1908”).
2) Shorn of unnecessary details, background facts necessary for the determination of this Appeal can be summarised as under:-
(a) For the sake of the convenience and clarity, the parties are hereinafter referred to in the capacity in which they were arrayed before the Civil Court.
(b) A suit for cancellation of agreement for sale, possession, declaration and perpetual injunction was instituted with the assertions that the plaintiff is the owner of the property, situated at Survey No.27, Hissa
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....
The trial court's clubbing of issues and rendering common findings was not in violation of the legal provisions. The appellate court's remand order was found to be inappropriate.
The appellate court must discuss the merits of a case before remanding it to the trial court, as per CPC provisions.
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 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 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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