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VIJAY KUMAR SHUKLA
Kamla Bai – Appellant
Versus
Babulal – Respondent
ORDER
1. The present appeal is filed under Order 41 rule 23 of CPC against the order dated 31.3.2006 passed by I ADJ, Ujjain in Civil Appeal No.31A/2005 whereby the case has been remanded back to the trial Court.
2. Facts of the case are that plaintiff/respondent filed a suit for declaration and permanent injunction stating that the plaintiff had a house in village Lekoda, district Ujjain. Adjacent to the hosue of the plaintiff, the house of the defendant-appellant No.1 is situated. On the right side of the plaintiff, the house of it open land (Bada) of the ownership of the plaintiff is situated. Size of that land is 45 x 22 ft. This disputed land has been shown in the map in red line. Boundaries of the land is described in para No.1 of the plaint. It is further pleaded that appellant/defendants No.1,2 and 3 tried to forcibly take possession of the land and the defendant/appellants No.4,5 and 6 opened a door and on raising objection by the plaintiff the door was closed but they are challenging the title of the plaintiff, hence they were made parties in the suit.
3. The plaintiff claimed that he has got this land from his father which he had purchased 40-45 years ago from Babulal L
Amendments under Order 6 Rule 17 of CPC are strictly scrutinized, especially after trial commencement, and remands should only occur under justifiable circumstances, not routinely.
The appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
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....
The power of remand by the appellate court should be for exceptional reasons and only after recording reasons for its inability to render judgment on merits.
The court affirmed the principle that established boundaries take precedence over conflicting land titles, and concurrent factual findings by lower courts are upheld unless proven manifestly erroneou....
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.
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