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PAWAN KUMAR DWIVEDI
Bagora Developers Pvt. Ltd. Through Director Anandilal Dave – Appellant
Versus
Harinarayan (Dead) Thr. LRs Champalal – Respondent
ORDER
1. This appeal has been preferred by the appellant / defendant No.5 being aggrieved by the judgment and decree dated 15.3.2024 passed by the learned 2nd District Judge, Dr. Ambedkar Nagar, District Indore in RCA. No.9/2019, whereby while setting aside the judgment and decree dated 15.2.2019 passed by the First Civil Judge Class - I, Dr. Ambedkar Nagar, District Indore in Regular Civil Suit No.15-A/2014, the matter was remanded back to the trial Court to decide the same afresh after affording opportunity to lead evidence to both the parties and getting tested Kamlabai from medical board.
2. Short facts of the case are that the respondents No.1 to 5 filed suit for declaration of title and permanent injunction against the present appellant / defendant No.5 as well as respondents No.6 to 11 with respect to agricultural land situated in Patwari Halka No.27, Khasra No.16 of village Shivnagar, Tehsil Mhow, District Indore admeasuring 2.258 hectares.
3. It was averred in the plaint that late Devi Singh had solemnized two marriages during his lifetime. First with Fulibai out of which wedlock there were two children ie., plaintiff No.1 Harinarayan and plaintiff No.2 Mohan Singh. Second m
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.
Appellate court cannot admit additional evidence under Order 41 Rule 27 CPC absent due diligence proof or necessity for judgment; must record reasons; erroneous allowance despite negligence and delay....
Appellate courts can remand cases for retrial when necessary parties are absent, emphasizing the importance of inclusive representation in ancestral property disputes.
The remand order can only be made if the trial court skips finding on certain issues or decides the suit only on a preliminary issue. The court found that the trial courts had decided the suits on me....
Remand orders must adhere to strict procedural requirements; mere routine remanding without due diligence in evidence withholding is impermissible.
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