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GOVERDHAN BARDHAR
Heerabai – Appellant
Versus
Bherulal – Respondent
JUDGMENT
1. Challenge in the present civil misc. appeal filed by the defendants/appellants (for short 'the defendants') under section 104 read with Order 43 Rule 1 (U) of the Code of Civil Procedure has been made to the Judgment dated 05.11.2004 passed by the Court of Addl. District Judge, Jhalawar (Raj.) [for short 'the appellate court'] whereby the appellate court while allowing the application filed by the plaintiff-respondent (for short 'the plaintiff) under Order 41 Rule 27 CPC has ordered for quashing and setting aside the Judgment dated 28.11.1997 passed by the Court of Civil Judge (Jr. Division) Khanpur (for short 'the trial court') and remanded the matter to the trial court.
2. Facts of the case in nutshell are that the plaintiff filed a civil suit against original defendant Ram Pratap for possession of house, shop and also for payment of Rs. 10,800/- for the use of the said shop and house and payment of Rs.300/- p.m. from the date of filing of the suit till the date of eviction. Service of notice was effected upon the defendant. On the basis of pleadings of both the parties, trial court framed eight issues. The trial court vide its judgment dated 28.11.1997 dismissed the su
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 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 authority to decide cases based on available evidence and should only remand cases when necessary, providing clear reasons for such decisions.
The appellate Court must adhere to the prescribed procedure for allowing additional evidence and remanding matters to the trial Court.
Framing additional issues -Appellate Court is empowered to frame additional issues or re-settle the issues or accept additional evidence or examine the witness if required by affording opportunity to....
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