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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL
Amtoj Singh – Appellant
Versus
Sukhchain Singh – Respondent
| Table of Content |
|---|
| 1. background facts and context of the plaintiff's claims. (Para 2 , 3) |
| 2. legal framework governing remand and procedural compliance. (Para 4 , 5 , 6) |
| 3. outcome and directions for the first appellate court. (Para 7 , 8) |
JUDGMENT :
Anil Kshetarpal, J.
CM-9114-CII-2019
1. For the reasons stated in the application, the same is allowed and delay of 35 days in refiling the appeal is condoned.
SAO-36-2019
2. The plaintiff assails the correctness of the First Appellate Court's order remitting the matter to the Trial Court for fresh decision after permitting the defendant to amend the written statement.
3. The plaintiff has filed a suit for specific performance of agreement to sell with consequential relief of permanent injunction. The defendant contested the suit on the ground that the plaintiff is a Commission Agent and has obtained his signatures on the blank papers as security for repayment of loan which have been subsequently used for fabricating the agreement to sell. The Trial Court ordered refund of earnest money. In the first appeal, the defendant filed an application for permission to amend the written statement in order to highlight that on 27.02.2009, the land comprise
An appellate court must adhere to specified provisions in the CPC regarding remands, ensuring that orders are justified by substantial merit.
The appellate court must discuss the merits of a case before remanding it to the trial court, as per CPC provisions.
The suit must be decided on a preliminary point for remand to be permissible, as per the relevant sections and rules of the Civil Procedure Code.
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.
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 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 main legal point established in the judgment is the requirement for the appellate Court to adjudicate the matter on merits and make a finding based on the documents, rather than remanding the mat....
The main legal point established in the judgment is that remand should only be made for suits decided as preliminary issues, and the appellate court has the power to pass any decree or order that oug....
The appellate court's power to remand a case for retrial is not uncanalized or unbridled, and an unjustified remand without recording a finding that the appellate court was not equipped to finally de....
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