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DEVASHIS BARUAH
Gobinda Baishya – Appellant
Versus
Julekha Bibi – Respondent
JUDGMENT :
Heard Mr. B. K. Bhagawati, the learned counsel appearing on behalf of the Appellants.
2. This is an appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 challenging the order dated 11.06.2010 passed in Title Appeal No.6/2010 by the Court of the learned Civil Judge No.2, Kamrup (M) at Guwahati whereby the suit was remanded back to the learned Trial Court and was directed to decide the suit afresh by framing an additional issue as to whether the Appellants in the said appeal acquired any title over the suit land by virtue of the Sale Deed executed in their favour by Shri Phatik Chandra Lahkar.
3. For deciding as to whether the learned First Appellate Court had exercised the jurisdiction of remanding the suit inconformity with the provisions of Order XLI Rule 23A or whether the order dated 11.06.2010 is contrary to the provisions of Order XLI Rule 24 of the Code, this Court finds it relevant to take briefly the facts involved which led to the filing of the instant proceedings.
4. The Respondents herein as plaintiffs had filed a suit being Title Suit No.22/2007 seeking a declaration of their possessory right over the suit land; to pass a decree declaring issua
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 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 burden of proof regarding alleged fraudulent deeds lies with the party alleging fraud, as per Section 101 of the Indian Evidence Act, 1872.
It is trite that once declaration of right, title and interest have been granted in favour of a particular person, person who claims adversarial interest has to show a better title as to why he shoul....
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....
Amendments under Order 6 Rule 17 of CPC are strictly scrutinized, especially after trial commencement, and remands should only occur under justifiable circumstances, not routinely.
The principle of res judicata applies where previous judgments on the same issue bind parties, regardless of claims involving part of the land. Judicial findings must reflect conscious application to....
The principle of res judicata applies when the same parties have litigated substantially the same issue in a previous suit, barring re-litigation of those issues.
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