Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAKESH MOHAN PANDEY
Sita Ram S/o Late Ram Swaroop Khemuka – Appellant
Versus
Usha Devi Wd/o Late Shri Pawan Kumar Agrawal – Respondent
ORDER :
Rakesh Mohan Pandey, J.
1. The appellant/ defendant No.3 has preferred this miscellaneous appeal challenging the validity and propriety of judgment/ order dated 16.11.2016 passed by the learned District Judge, Janjgir-Champa in Civil Appeal No.03-A of 2015 (Pawan Kumar Vs. Om Prakash and Others), whereby the judgment and decree passed by the learned trial Court in Civil Suit No.48A of 2003 was set aside and the case was remitted back to the trial court to decide it afresh after appreciating evidence and affording an opportunity of hearing to the parties.
2. The facts, in brief, are that Pawan Kumar/ plaintiff filed a suit for declaration of title and permanent injunction against the defendants, inter alia on the ground that the suit property admeasuring 1.09 acres was recorded in the name of his father in the year 1980. There was a partition amongst the members of family and a memorandum of partition was reduced into writing on 29.1.1990. The suit house mentioned in Schedule “A” fell in the share of the plaintiff, who spent a huge amount in its renovation. The Tehsildar passed an order of partition on 18.9.1995 but Sub-Divisional Officer (Revenue), Janjgir remanded the matter.
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....
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 has the authority to decide cases based on available evidence and should only remand cases when necessary, providing clear reasons for such decisions.
Remand of matter—Appellate court ought to be circumspect in ordering a remand as an uncalled for and unwarranted order of remand only gives litigation an unnecessary and undeserved long rope which is....
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
