AI Overview...
-
Order 41 Rule 23 CPC - Remand Power and Validity
The courts have clarified that under Order 41 Rule 23 CPC, the appellate court has the authority to remand cases for a fresh trial if the lower court's decision was inadequate or if further examination of evidence is necessary. Several judgments emphasize that remand should not be routine and must be justified by the need for proper adjudication, especially when the lower court's reasoning is insufficient or procedural errors are identified. For instance, the Supreme Court in INDKER00000180835 and INDMAD00000108615 upheld remand orders where the appellate courts found it necessary to re-examine facts or evidence (Order 41 Rule 23 and 23A).
References: LINU VARGHESE vs GEORGE JACOB - Kerala, B.DILLI vs S.KANDASAMY - Madras, Abdul Rashid S/o. Abdul Wahab vs Dharamdas Melumal Ramani - Bombay, Linu Varghese, S/o. Late V.V. Varughese vs George Jacob, S/o. Late V.G.Chacko - Kerala -
Scope and Limitations of Remand Orders
Courts have also discussed that remand should not be ordered lightly. High courts are cautioned against remanding cases simply because they disagree with the reasoning of lower courts, without proper justification. The order of remand must be based on substantive grounds, such as the need to examine evidence or clarify issues, rather than routine procedural steps. This is highlighted in 00100003628, which states that remand under Order 41 Rule 23 should not be a matter of routine, and the appellate court must ensure proper grounds for remand.
References: Ashwinkumar K. Patel VS Upendera J. Patel - Supreme Court, Balkrishna Dattatraya Butte and others VS Dattatraya Shanker Mohite - Bombay -
Remand in Specific Contexts and Jurisdictional Aspects
Remand orders can be issued by various authorities, including High Courts and tribunals, when they possess inherent powers or specific jurisdictional provisions. The validity of such remand orders depends on whether the authority acted within its scope. For example, 00200024142 confirms that the Collector's remand was valid as it was within the inherent powers of a court or tribunal. Additionally, courts have stressed that remand should facilitate proper adjudication rather than serve as a procedural formality.
References: Radha Bai VS Banka Chinnayya - Andhra Pradesh, Shishupal S/o Patiram Tarjude Vs Vandana S/o Prabhudas Deshmukh - Bombay -
Procedural Requirements and Compliance with Order 41 Rule 31
Proper verification of issues and adherence to procedural rules, such as Order 41 Rule 31 CPC, are essential when courts decide on remand. Failure to properly frame issues or consider evidence can lead to improper remand orders, which may be challenged or set aside. The recent judgment in 02100155363 underscores the importance of compliance with procedural mandates for a valid remand.
References: D.Ranganayaki vs N.Govindarajan - Madras
Analysis and Conclusion
Order 41 Rule 23 CPC provides a significant mechanism for appellate courts to remand cases, ensuring that justice is served through thorough examination of facts and evidence. However, remand must be justified by the need for proper adjudication and not used as a procedural shortcut. Courts have consistently emphasized adherence to procedural rules, proper issue framing, and the scope of authority when issuing remand orders. The validity of such orders hinges on these principles, and courts are cautious to prevent misuse or routine remands without substantive grounds.
References: LINU VARGHESE vs GEORGE JACOB - Kerala, B.DILLI vs S.KANDASAMY - Madras, Abdul Rashid S/o. Abdul Wahab vs Dharamdas Melumal Ramani - Bombay, Ashwinkumar K. Patel VS Upendera J. Patel - Supreme Court, Radha Bai VS Banka Chinnayya - Andhra Pradesh, D.Ranganayaki vs N.Govindarajan - Madras
Search Results for "Code of Civil Procedure Order 41 Rule 23 Remand Citations"
2025 Supreme(Online)(Ker) 14231 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
(A) Code of Civil Procedure, 1908 - Order 41 Rule 23 and 23A - Appeal against remand order - The First Appellate Court remanded ... trial court's dismissal of the suit was based on the absence of the original will deed, which was deemed an admitted fact - The remand ... ... ... Ratio Decidendi: The court held that the remand was valid as the trial court had not adequately addressed the necessity of ... A distinction must be borne in mind between di....
2024 Supreme(Online)(MAD) 17763 • India - High Court of Madras
Hon`ble Mr Justice ABDUL QUDDHOSE
Specific Performance - Civil Procedure - Relevant Provisions - The court upheld the lower appellate court’s decision to remand ... Issues: Whether the lower appellate court’s decision to remand the case for denovo trial was justified given the circumstances ... the case on merits as they had not participated in the initial proceedings, which the higher court agreed with, supporting the remand ... 23.04.2024 Index: yes/no Neutral citation: yes/no rkm ABDUL QUDDHOSE,J....
2023 Supreme(Online)(Bom) 14295 • India - Bombay High Court
M.S. Jawalkar, J
The appeal is partly allowed with a specific direction for remand. ... The present Appeal Against Order is filed being aggrieved by the judgment passed by learned District Judge-8, Nagpur, which partly ... ORDER: The appeal is partly allowed; the decree passed by the Trial Court is quashed and set aside as null due to the Respondent's ... The matter is remanded back to District Judge, Nagpur to follow the procedure as per Order 41, Rule 23-A of C.P.C....
1999 2 Supreme 436 • India - Supreme Court
J.JAGANNADHA RAO, S.SAGHIR AHMAD
-Remand -High Court should not ordinarily remand a case under Order 41 Rule 23 merely because it considers that reasoning of lower ... (i) Code of Civil Procedure, 1908-Order 41, Rule 23Order 41 Rule 23 CPC to the lower Court ... In our view, the High Court should not ordinarily remand a case under Order 41....
• India - Bombay
... An order of remand under Rule 41 Rule 23-A should not be mixed up ... ... Order XLI, Rule 23-A Remand-An order of remand under Order XLI, ... Order XLI, Rule 23-An Order of Removal-Not a matter of routine-Examination of available evidence by trial Court and conclusion-Remand#H....
1967 0 Supreme(AP) 141 • India - Andhra Pradesh
JAGMOHAN REDDY, M.SESHACHALAPATI, O.CHHINNAPPA REDDY
The order of remand of the case made by the Collector is valid and sustainable as the power to remand is inherent in any Court or ... Whether the order of remand made by the Collector is outside the scope of the jurisdiction of the authority under Section 92 of the ... of remand of the case made by the Collector is valid and sustainable as the power to remand is inherent in any Court or tribunal ... has an inherent power ex debito justitiae to remand....
2025 0 Supreme(Bom) 107 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE MUKULIKA SHRIKANT JAWALKAR
(A) Code of Civil Procedure - Order 6 Rule 17 - Order 41 Rule 23 and 23A - Amendment application in appeal - Plaintiffs sought ... must ensure that amendments are necessary for determining the real question in controversy - The Appellate Court has discretion to remand ... Order VI rule 17 or any other provision of the Code does not oblige the appellate court to deal with an application for amendment before the disp....
1976 0 Supreme(SC) 81 • India - Supreme Court
N.L.UNTWALIA, V.R.KRISHNA IYER
41, Rule 22 - Award of compensation - Properties - On coming into force of the Act on and Jagirs of Jagirdars were abolished ... 41, Rule 22 of the Code of Civil Procedure - But taking the totality of the circumstances we think this is not a fit item in respect ... and 136 - Land Acquisition Act, 1894 - 15 ,1,11, 3 ,, 5 6 , 8 , 7,16, 9 , 24, 26, 23 ... The directions given by the High Court in its remand order 1731 to the Tribunal stand modified accordingly. #HL_START....
2025 0 Supreme(Ker) 1639 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE SYAM KUMAR V.M., J
(A) Code of Civil Procedure, 1908 - Order 41 Rule 23 and 23A - Appeal against remand order - The First Appellate Court remanded ... trial court's dismissal of the suit was based on the absence of the original will deed, which was deemed an admitted fact - The remand ... ... ... Ratio Decidendi: The court held that the remand was valid as the trial court had not adequately addressed the necessity of ... A distinction must be borne in mind between di....
2025 0 Supreme(Mad) 4638 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Sakthivel
is a ground for remand. ... ... ... Issues: Whether the First Appellate Court properly verified the requirements under Order 41 Rule 31 of CPC and correctly ... ... ... (C) Failure of the appellate court to adhere to Order 41 Rule 31 of CPC concerning framing issues and consideration of evidence ... Shiv Singh [Civil Appeal No.8172 of 2009 decided on October 6, 2023; Neutral Citation : 2023 INSC 876 ]. ... Accordingly, the matte....
Filter by Legal Phrase
