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RAJEEV KUMAR SHRIVASTAVA
Kalpana Chauhan – Appellant
Versus
Dayabai – Respondent
JUDGMENT :
Rajeev Kumar Shrivastava, J.
1. This Misc. Appeal has been filed by the appellant under Order 43 Rule 1(u) of Code of Civil Procedure 1908 (for brevity "CPC") challenging the judgment and decree of remand dated 23/7/2019 passed by Third Additional District Judge, Ganj Basoda, District Vidisha in Civil Appeal No. 1/2016, thereby the judgment and decree dated 24/11/2015 passed by Civil Judge, Class-I, Ganj Basoda, District Vidisha in Civil Suit No. 143-A/2014 has been reversed and the matter has been remanded back to the trial Court to decided the suit afresh.
2. Brief facts of the case are that respondents No. 1 to 3/plaintiffs had instituted a civil suit for declaration of title, partition and separate possession with regard to agricultural land Survey No. 49/1 area 0.941 hectare, out of area 1.000 hectare, situated in Village Bharnakheda, Tahsil Shamshabad, District Vidisha. It was pleaded in the plaint that the plaintiffs are daughters of Deviram, who had two sons, namely, Banwari and Narayan Singh. Banwari is defendant No. 1 and Narayan Singh has died, whose legal heirs are the defendants 5 to 9. Deviram was bhumiswami of the land Survey No. 41/1 area 0.165 hectare, Surv
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....
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Remand of matter—Appellate court ought to be circumspect in ordering a remand as an uncalled for and unwarranted order of remand only gives litigation an unnecessary and undeserved long rope which is....
Remand orders must adhere to strict procedural requirements; mere routine remanding without due diligence in evidence withholding is impermissible.
The central legal point established in the judgment is the scope of power of remand by the Appellate Court under Order 41 Rule 23-A of the Code of Civil Procedure, 1908, and the conditions for re-tri....
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