IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Most. Tara Devi – Appellant
Versus
Surji Mandalain – Respondent
ORDER :
GAUTAM KUMAR CHOUDHARY, J.
1. The instant appeal is against the order of remand passed by the learned first appellate court.
2. Plaintiff’s suit for partition of his 5/ 6th share in Schedules-A, B and C property was decreed by the learned trial court.
3. Both the plaintiff and defendants preferred Title (Partition) Appeal No. 23/2007 and Title (Partition) Appeal No. 24/2007. The plaintiff was aggrieved by apportionment of share as half in the schedule property, whereas the defendants, who are appellants in Title (Partition) Appeal No. 24/2007, were aggrieved as they claimed 1/ 6th share in the suit property and further the plaintiff had no share in the said property which exclusively belongs to Ludhu Mandal and presently to defendant nos. 1 and 2.
4. The First Appellate Court did not frame any issue(s) for determination and the judgment and decree was set aside and the order of remand was passed on the ground that the plaintiff had not brought the entire joint family property in the schedule of the plaint. The plaintiff was directed to amend his pleading by incorporating and the entire joint family property either sold or still possessed by the parties in the hotchpotch of parti
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.
Judicial efficiency mandates that remand for fresh disposal should only occur when necessary; a remanding court must determine the parties' shares or justify retrial necessity, which was neglected he....
The First Appellate Court can remand a partition suit for inclusion of omitted joint family properties to ensure equitable distribution among coparceners.
The court held that failure to file a written statement after appearing constitutes an uncontested decree, justifying remand for fair trial.
Remand of a case requires substantial grounds and cannot be based solely on procedural errors or the allowance of additional evidence.
The First Appellate Court erred by failing to frame appropriate consideration points under C.P.C., affecting the legality of its judgment in the partition suit.
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.
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.
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....
The First Appellate Court must address applications to include legal representatives of deceased parties to ensure fair procedural conduct in partition suits.
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