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SYED AFTAB HUSAIN RIZVI
Ram Kumar Awasthi – Appellant
Versus
Rajeshwar – Respondent
JUDGMENT :
1. This First Appeal From Order has been filed against the judgment and order dated 6.12.2007 passed by the First Appellate Court of Additional district Judge, Court No. 9/Special Judge, E.C. Act, Shahjahanpur in Civil Appeal No. 25 of 2003 Raj Kumar and another Vs. Rajeshwar and others.
2. The first appeal was filed against the judgment and final decree dated 31.5.2003 passed in Original Suit No. 373 of 1979 Ram Kumar Vs. Rajeshwar by the Court of Civil Judge (Sr. Div.), Shahjahanpur.
3. The trial court in the proceeding of final decree of O.S. No. 373 of 1979 in compliance of the judgment and order of the First Appellate Court dated 19.9.2001 by which the matter was remanded to the trial court with the observation that the trial court shall make valuation of the share of defendants in such manner as he thinks fit and directed the sale of share to such defendants-appellants and make a necessary and proper directions in that behalf as envisaged under section 4 of the Partition Act, issued a commission to assess the valuation and on the basis of commission report has determined the value of the half share of the plaintiff as Rs. 1,74,000/-and further ordered defendant to dep
Point of Law : order 41 Rule 23 A C.PC. also provides that if the suit is decided otherwise on preliminary point and decree reversed in appeal and retrial is necessary the appellate court have the sa....
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.
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 appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
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.
Remand orders must adhere to strict procedural requirements; mere routine remanding without due diligence in evidence withholding is impermissible.
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.
(1) Remand of matter—Wholesale remand cannot be readily ordered by higher court unless facts and circumstances fully justify the same.(2) Appeal—Appellate court must come into close quarter with reas....
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