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ANIL KSHETARPAL
Naresh Kumar – Appellant
Versus
Sweeti Gupta – Respondent
JUDGMENT :
Mr. Anil Kshetarpal, J. :- This is the defendants’ appeal against the order passed by the First Appellate Court, while remanding the case back to the trial court. In order to comprehend the issue involved in the present case, some relevant facts, in brief, are required to be noticed. The respondent (Smt. Sweeti Gupta) and her two minor sons filed a suit for the grant of decree of declaration that they are joint owners in possession of 1/6th share out of the property of defendant no.1. The plaintiff is widowed daughter-in-law of defendant no.1. Her suit was decreed on 30.08.2011. The defendants filed the first appeal. During the pendency of the appeal, the defendants filed an application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) in order to produce in additional evidence i.e. a copy of the Will and mutation on the basis of the Will. In substance, the defendants wanted to prove that the suit property is not an ancestral property. The First Appellate Court allowed the application and remanded the case back to the trial court for deciding afresh.
2. In SAO-57-2023, titled as “Abdul Quddoors Vs. Ajit Singh (since deceased) t
The appellate court's power to remand is limited to specific conditions under the CPC, emphasizing the need for a thorough evaluation of the trial court's judgment.
The central legal point established in the judgment is the interpretation of the enabling power of the Appellate Court to remit the case back to the trial court as regulated by Order XLI Rule 23 and ....
Remand of a case requires substantial grounds and cannot be based solely on procedural errors or the allowance of additional evidence.
The main legal point established in the judgment is the limited circumstances under which remand is permissible and the need to decide the case on merits rather than remanding it back to the trial co....
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 central legal point established in the judgment is the requirement to fulfill twin conditions before exercising the enabling power to remand a case back to the trial court, as provided under Orde....
The Appellate Court must set aside the lower court's judgment on merits before remanding a case under Order XLI Rule 23A of the CPC, emphasizing caution in remand orders.
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