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DEVASHIS BARUAH
Biswa Bijoy Das – Appellant
Versus
Kalpana Das, W/o. Sri Bhabananda Gogoi – Respondent
JUDGMENT :
Both the appeals are taken up together for disposal taking into account that both the appeal arises out of an order dated 18.05.2013 passed in Title Appeal No.32/2011 whereby the learned First Appellate Court i.e. the Court of the learned Civil Judge, Dibrugarh had remanded the suit back to the learned Trial Court in exercise of powers under Order XLI Rule 23A of the Code of Civil Procedure, 1908 (for short “the Code”) by formulating an additional issue.
2. The question therefore arises before this Court is as to whether the learned First Appellate Court has shirked its responsibility in deciding the appeal and the order so passed is contrary to the provisions of Order XLI Rule 24 of the Code.
3. I have heard Mrs. R. Devi, the learned counsel appearing on behalf Appellants in SAO No.6/2013 and Mr. S. P. Roy, the learned counsel appearing on behalf of the Appellants in SAO No.2/2014. The said counsels duly represents their respective Appellants who are the Respondents in those appeals.
4. The brief facts leading to the filing of these two appeals are that the Appellants in SAO No.2/2014 as plaintiffs had instituted a suit being Title Suit No.10/2008 seeking declaration th
The main legal point established in the judgment is that the appellate court should decide the appeal on the basis of the materials available on record, without remanding the case back to the trial c....
The main legal point established is that a remand order must be justified and in conformity with the procedural rules, and that additional issues should only be framed when necessary.
The burden of proof regarding alleged fraudulent deeds lies with the party alleging fraud, as per Section 101 of the Indian Evidence Act, 1872.
Judicial review under Article 227 is not available when an appeal under the CPC exists; an appellate court can remand for fresh adjudication while preserving the continuity of the original suit.
The First Appellate Court must independently assess evidence and provide detailed findings on all relevant issues, failing which its decision is unsustainable.
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....
Advocates appeared :For the Appellant : Dr. Anuvad Shrivastava For the Respondent : Shashank Pandey
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