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ANIL KSHETARPAL
Hardev Singh (since deceased) through his Lrs – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anil Kshetarpal, J.
CM-14840-CII-2022
This application has been filed under Order 22 Rule 4 of the Code of Civil Procedure (hereinafter referred to as the ‘CPC 1908’)for bringing on record legal representative of respondent No.3-Jasbir Singh.
For the reasons mentioned in the application, which is supported by an affidavit of Mrs. Veerjit Kaur, W/o Late Jasbir Singh, the same is allowed subject to all just exceptions and the legal representative of respondent No. 3 are ordered to be taken on record.
Amended memo of parties is taken on record.
The application stands allowed.
Main case
1. In this second appeal, the plaintiff assails the correctness of First Appellate Court’s order remanding the case back to the trial Court for fresh decision.
2. Heard the learned counsel representing the parties at length and with their able assistance perused the paper-book.
3. In order to comprehend the issues involved in the present case, some relevant facts, in brief, are required to be noticed.
4. The plaintiff (appellant) filed a suit for the grant of decree of declaration that he is the owner of the property and the defendants have no right to dispossess him, pursuant to the order dated 04.02.1
Remand of cases must strictly follow the provisions of the CPC, and inherent powers cannot be invoked when specific rules govern the remand process.
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 ....
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.
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'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 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 Appellate Court cannot remand a case without meeting the specific criteria outlined in the Civil Procedure Code, particularly under Order 41, Rules 23, 23-A, or 25.
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