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YOGENDRA KUMAR SRIVASTAVA
Yasmeen Zia – Appellant
Versus
Haneefa Khursheed – Respondent
JUDGMENT :
Yogendra Kumar Srivastava, J.
Heard Shri Devansh Mishra, learned counsel for the appellant and Shri Pankaj Agarwal, learned counsel for the respondents.
2. The present appeal is directed against the order dated 8.5.2023 passed in Civil Appeal No. 22 of 2022, arising out of the judgment and decree dated 31.3.2022, passed in Original Suit No. 649 of 2016.
3. By order dated 31.3.2023, the trial Court had disposed of the suit upon a preliminary point, and the decree was reversed in appeal in terms of the order dated 8.5.2023, and the case was remanded to the trial Judge.
4. Counsel appearing for the respondents has raised a preliminary objection to the hearing of the present appeal by pointing out that the order of remand has been carried out and the trial Court has passed an order dated 18.8.2023 disposing of 'Issue No. 9', as directed in terms of the order dated 8.5.2023 passed in the civil appeal. It is accordingly submitted that the remedy open to the appellant would be to file an appeal against the subsequent order passed by the trial Court, and the present appeal against the order of remand is now without any purpose.
5. It is further sought to be argued that in the absence
The right to appeal against an order of remand is independent and not extinguished by subsequent final orders in the trial court.
The court established that an order reversing a trial court's rejection of a plaint is a remand order, not a decree, thus subject to different appeal provisions.
An order reversing a trial court's rejection of a plaint is a remand order, not a decree, thus subject to different appeal provisions.
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.
An appeal against an order of remand may only contest findings related to the remand, not ancillary determinations.
The main legal point established in the judgment is that the power of remand should not be exercised routinely and should only be used when a re-trial is considered necessary, in accordance with the ....
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