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ANOOP KUMAR DHAND
Ladkanwar Bai – Appellant
Versus
Gram Panchyat Manoharthana Through Administrator – Respondent
JUDGMENT
1. This misc. appeal under Order 43 Rule 1(u) read with Section 151 CPC has been directed against the impugned judgment dated 04.10.2001 passed by the Court of Additional District Judge, Aklera, District Jhalawar in regular appeal No.8/2000 by which the appeal filed by the defendant-respondent was allowed and after setting aside the judgments dated 04.06.1994 and 18.10.2000 passed by the Civil Judge (Junior Division), Jhalawar in original suit No.95/1993, the case was remitted back to the trial Court for fresh adjudication.
2. Facts, in brief, of the case are that the plaintiff (appellant herein) instituted a suit for perpetual injunction under the Specific Relief Act for removal of wall against the defendant before the Court of Civil Judge (Junior Division), Aklera, District Jhalawar, which was decreed on 04.06.1994 and the defendant was directed to remove the wall as described in Para No.1 of the plaint and not to cause any hinderance or interference with the possession of the plaintiff and the defendant was further directed to pay cost of Rs.500/-.
3. Feeling aggrieved by the judgment dated 04.06.1994, the defendant submitted Regular First Appeal before the Court of Additi
The main legal point established in the judgment is that the appellate court should not remit the case to the trial court if the evidence on record is sufficient to decide the matter, and it should i....
The appellate court should not remit the case to the trial court if the evidence on record is sufficient to decide the matter, and the decision to remand should be in accordance with the relevant pro....
The appellate court has the discretion to remand a case for a fresh trial when new evidence is introduced, ensuring fairness in the judicial process.
The appellate Court cannot set aside the judgment and decree of the trial Court and remand the case without specific findings on the issues and without considering the findings given by the trial Cou....
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.
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