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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
| Table of Content |
|---|
| 1. details of the case and procedural history. (Para 1 , 2 , 3) |
| 2. arguments regarding the remand of the case. (Para 4 , 5) |
| 3. court’s examination of the remand provisions. (Para 6 , 7 , 8 , 9) |
| 4. analysis of the remand conditions and appellate court's findings. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. final decision to set aside the appellate court’s order. (Para 17 , 18) |
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
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....
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