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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Madan Mohan Swami S/o Late Laddo Gopal – Appellant
Versus
Govind Prasad S/o Late Ishwar Lal – Respondent
| Table of Content |
|---|
| 1. overview of the case and claims. (Para 1 , 4) |
| 2. errors in appellate court's judgment. (Para 5 , 9) |
| 3. trial court's thorough findings. (Para 6 , 7 , 8 , 10) |
| 4. conclusion and directions for rehearing. (Para 11 , 12 , 13 , 14) |
Judgment / Order : ASHOK KUMAR JAIN, J.
1. Aggrieved from judgment dated 24.04.2024 in Civil Regular Appeal Nos.57/2023 and 58/2023 passed by learned Additional District Judge, Karauli, instant CMA is preferred by appellant- defendants.
2. With the consent of learned Senior Advocate appearing for appellants and learned counsel appearing for respondent, we are disposing of the matter at this stage only.
3. Heard learned Senior Advocate for appellants and learned counsel for respondent.
4. A civil suit for possession and permanent injunction was filed by plaintiff-Govind Prasad before learned Additional Senior Civil Judge, Karauli, wherein defendants (present appellants) also filed a counter claim. Learned Trial Court after full trial has dismissed the civil suit filed by the plaintiff but allowed the counter claim and passed a decree in favour of present appellants-defendants and against the respondent-plaintiff. Aggrieved from dismissal of civil su
An Appellate Court must engage with the merits of a case rather than remit it for retrial when all issues have been resolved at the Trial Court.
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 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 has the authority to decide cases based on available evidence and should only remand cases when necessary, providing clear reasons for such decisions.
The First Appellate Court's remittance of a case to the trial Court was improper as it did not follow the procedural requirements of the Code of Civil Procedure.
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.
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