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PRAKASH CHANDRA GUPTA
SATISHCHANDRA – Appellant
Versus
GUDDAN @ DASHRATH – Respondent
| Table of Content |
|---|
| 1. tenancy and eviction based on arrears. (Para 1 , 2 , 3) |
| 2. disputes over landlord-tenant relationship. (Para 4 , 7 , 8) |
| 3. trial court's findings on encroachment. (Para 5 , 6) |
| 4. criteria for court remand orders. (Para 9 , 10 , 11 , 12) |
| 5. limitations on appellate court's remand authority. (Para 13 , 14 , 15 , 16) |
| 6. restoration of civil appeal for fresh decision. (Para 17) |
JUDGMENT : – With the consent of both the parties, this case has been heard and decided finally. Appellants/plaintiffs have filed this miscellaneous civil appeal under Order 43, Rule 1(u) of the Code of Civil Procedure, 1908, being aggrieved and dissatisfied with the order dated 19-12-2014 passed by the Additional District Judge to the Court of First Additional District Judge, Damoh in civil Appeal No. 1-A/2014, whereby and whereunder the First Appellate Court set aside the judgment and decree dated 18-12-2013 passed by Civil Judge Class 2, Pathariya, District- Damoh in Civil Suit No. 32A/2011 and remanded the matter back to the learned trial Judge.
2. The appellants /plaintiffs filed the suit before the trial Court stating that they have purchased the land, survey number 6/1 area 0.14 dismil on 12-
Advocates appeared :For the Appellant : Dr. Anuvad Shrivastava For the Respondent : Shashank Pandey
The appellate court has the authority to decide cases based on available evidence and should only remand cases when necessary, providing clear reasons for such decisions.
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.
The appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
The appellate court can appoint a commissioner for local inspection without remanding the case, determining property disputes requires factual evidence including boundary verification.
The appellate court must provide justifiable reasons for remanding a case and cannot do so merely to allow a party to rectify their negligence.
Point of law: Rule 23- A it is evident when the suit is decreed otherwise than on a preliminary issue and retrial is considered necessary, it is only then that the case has to be remanded. In other w....
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