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1 - 5 of 5 (0.22 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
P. Purushottam Reddy And Anr. vs Pratap Steels Ltd. on 25 January, 2002
12. The legal preposition regarding remand has been
culled out by the Hon'ble Supreme Court in P.Purushottam
Reddy and another Vs. Pratap Steels Ltd. 2002 (2) SCC
686 in para No.10 regarding remand, which reads as
under:
"10. The next question to be examined is the
legality and propriety of the order of remand
made by the High Court. Prior to the insertion
of Rule 23A in Order 41 of the Code of Civil
Procedure by the CPC Amendment Act 1976,
there were only two provisions contemplating
remand by a court of appeal in Order 41. Rule
23 applies when the trial court disposes of the
entire suit by recording its findings on a
preliminary issue without deciding other
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issues and the finding on preliminary issue is
reversed in appeal. Rule 25 applies when the
appellate court notices an omission on the
part of the trial court to frame or try any issue
.
Prem Singh vs Prakash Chand And Others ... on 21 September, 2016
In coming to such conclusion, I am duly
supported by the judgment rendered by the learned Division
Bench of this Court in Prem Kumar and others Vs.
Parkash Chand and others, 2002 (3) SLC 358, wherein it
was held as under:
Singhai Lal Chand Jain(Dead) vs Rashtriya Swayam Sewak Sangh,Panna & ... on 15 February, 1996
decree of the Trial Court and had remanded
the case to the Trial Court for decision afresh
after giving opportunity to both the parties to
adduce evidence on the additional issues
framed by the learned Additional District
Judge. As referred to above, this is just
contrary to the well settled proposition of law
and even otherwise it is contrary to the
provisions of Order XLI Rule 25 Code of Civil
Procedure.
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