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GAUTAM KUMAR CHOUDHARY
Ramis Toppo – Appellant
Versus
Anima Pushpa Toppo – Respondent
JUDGMENT :
1. Appellants are the defendants who have preferred second appeal against the judgment dated 09.06.1997 passed in Title Appeal No.56 of 1991 setting aside the judgment and decree dated 30.031991 passed Sub Judge-II, Latehar in Title Suit No.67 of 1987.
2. The plaintiff filed the suit for partition of the properties fully detailed in Schedule of the plaint.
3. The first appellate court reversed the judgment and decree in question and remanded the case back to the court below with liberty given to the plaintiff to amend the plaint and defendants to have an opportunity to file written statement.
4. This second appeal has been admitted to be heard on the following substantial questions of law:-
II. Whether without setting aside the findings of the trial court about ownership of Thomas Toppo in respect of suit property, merely on the assertion in the amendment petition by the plaintiffs at a late stage the lower appellate court could have allowed the amendment petition and remanded the matter to the trial court?
5. It is argued by the learned
Remand of cases is impermissible without unresolved issues, and amendments at the appellate stage should not be allowed.
The appellate court must properly consider existing evidence and procedural requirements before remanding, ensuring fairness in addressing substantive claims.
Remand of a case requires substantial grounds and cannot be based solely on procedural errors or the allowance of additional evidence.
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 First Appellate Court's power to remit cases is governed strictly by the CPC, and must only be exercised when necessary to ensure fair trial.
An appellate court's order of remand must not introduce new issues not raised by the parties and should only be issued when necessary for justice, adhering to existing pleadings and evidence.
Point of law: as Order XLI Rule 25 of the Code is concerned, the power is generally invoked by the appellate court where it holds that the trial court passed the decree omitted to frame or try any is....
The court held that failure to file a written statement after appearing constitutes an uncontested decree, justifying remand for fair trial.
The main legal point established in the judgment is the court's affirmation of the remand of the matter for fresh consideration to the trial Court, emphasizing the importance of complete adjudication....
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