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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANIL KSHETARPAL
Ajmer Singh – Appellant
Versus
Mewa Singh – Respondent
JUDGMENT :
Anil Kshetarpal, J. (Oral) - The correctness of the First Appellate Court's order while allowing the respondents application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') and remitting the matter back to the trial Court for fresh decision is assailed by the plaintiff. The dispute is with regard to the inheritance of property left behind by late Sh. Chuhar Singh. The plaintiff and defendants are successors in interest of common ancestor late Sh. Chuhar Singh. The plaintiff filed a suit claiming that late Sh. Chuhar Singh executed a registered Will dated 03.03.1981 in favour of the plaintiff and defendant No.l. The defendants contested the suit, which was decreed. During the course of evidence, the defendants led evidence to prove that the Will dated 03.03.1981 was revoked, however, the trial Court ignored the evidence of revocation of Will on the ground that this fact has not been included in the pleadings by the defendants. The defendants filed first appeal against the judgment and decree passed by the trial Court on 15.03.2015. During the pendency of the appeal, the defendants filed application for permission to amend
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 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 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 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 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 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.
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