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AMARNATH (KESHARWANI)
Suneel Kumar – Appellant
Versus
Ghanshyam – Respondent
ORDER
1. This Miscellaneous Appeal under section 43 Rule 1(u) of the Code of Civil Procedure, 1908, which shall be referred here-in-after as "CPC", has been filed against the judgment dated 5.2.2015 passed by II Adiditional District Judge, Gadarwara, District Narsinghpur (M.P.) in Regular Civil Appeal No.29-A/2014, whereby learned Appellate Court has interfered with the judgment and decree dated 31.10.2012 passed by IInd Civil Judge Class-II, Gadarwara, District Narsinghpur (M.P.) in Civil Suit No.58-A/2010 and remitted the matter back to the trial Court for retrial with certain directions under Order 41 rule 23 of the CPC.
2. Brief facts of the case are that the appellant/plaintiff filed a Civil Suit against respondents for declaration of title and permanent injunction in respect of land bearing Khasra No.90/5 area 0.025 Aare, Patwari Halka No.18/1 situated at Mauja Gadarwara, Tahsil Gadarwara, District Narsinghpur (M.P.). Respondent No.1 / defendant No.1 has filed his written statement. Considering the pleadings of the parties, learned trial Court has framed the issues and after recording the evidence as adduced by the parties and after hearing the arguments of learned counsel for
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.
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 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 has the authority to decide cases based on available evidence and should only remand cases when necessary, providing clear reasons for such decisions.
Remand orders must adhere to strict procedural requirements; mere routine remanding without due diligence in evidence withholding is impermissible.
The first appellate court must provide points for determination and adequate reasoning when reversing a trial court's decree, as per Order 41 Rule 31 of CPC.
The Appellate Court cannot remand a case without meeting the specific criteria outlined in the Civil Procedure Code, particularly under Order 41, Rules 23, 23-A, or 25.
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