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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Hemant Kumar Sahu S/o Late Bholaram Sahu – Appellant
Versus
Ashwani Kumar S/o Late Taran Das Sahu – Respondent
| Table of Content |
|---|
| 1. entitlement of plaintiffs to share in ancestral property. (Para 1 , 3) |
| 2. defendant's denial of joint ownership and legal stance. (Para 4 , 6 , 7) |
| 3. trial court's findings on joint ownership and procedural history. (Para 5 , 9 , 10 , 12) |
| 4. remand due to non-joinder of necessary parties. (Para 8 , 11 , 13 , 14) |
| 5. standard for remand under procedural rules and previous case law. (Para 15 , 19 , 20) |
| 6. affirmation of appellate court's judgment. (Para 21) |
JUDGMENT :
BIBHU DATTA GURU, J.
1. By the present appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (for brevity ‘the CPC’) the appellants/plaintiffs challenging the impugned judgment and decree dated 18/11/2025 passed by the learned District Judge, Patan, District Durg C.G. in New Civil Appeal No. 190-A/2024 (Old Appeal No. 94-A/2023) (Ashwani Kumar & Anr. Vs. Hemant Kumar Sahu & Ors.) whereby the judgment and decree passed by the learned Civil Judge, Class-I, Patan, District Durg, C.G. in Civil Suit No. 08A/2021 dated 14.08.2023 (Hemant Kumar Sahu & Ors. Vs. Aswani Kumar & Ors.) has been set-aside and the matter has been remanded to the trial Court for fresh adjudication.
2. For the sake of convenienc
Appellate courts can remand cases for retrial when necessary parties are absent, emphasizing the importance of inclusive representation in ancestral property disputes.
An appellate court's remand order under Order XLI Rule 23-A CPC must be justified by clear error in trial court decisions, with findings on possession and title needing consideration before partition....
The First Appellate Court can remand a partition suit for inclusion of omitted joint family properties to ensure equitable distribution among coparceners.
Judicial efficiency mandates that remand for fresh disposal should only occur when necessary; a remanding court must determine the parties' shares or justify retrial necessity, which was neglected he....
The Appellate Court erred in denying recovery of possession despite confirming the plaintiff's title, emphasizing that possession without title is unlawful.
The appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
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