Syeda Rahimunnisa vs Malan Bi - Supreme Court Important Judgment

 Syeda Rahimunnisa vs Malan Bi - Supreme Court Important Judgment 2016 - 

 

On 3rd October, 2016, in the case of Syeda Rahimunnisa vs Malan Bi (Dead) by L.Rs. & Anr. Etc. [Civil Appeal Nos. 2875 – 2879 of 2010], while examining the jurisdiction of the High Court to remand a case to the trial court, it was held “in order to claim remand of the case to the trial court, it is necessary for the appellant to first raise such plea and then make out a case of remand on facts. The power of the appellate court to remand the case to subordinate court is contained in order XLI Rule 23, 23-A and 25 of CPC. It is, therefore, obligatory upon the appellant to bring the case under any of these provisions before claiming a remand. The appellate court is required to record reasons as to why it has taken recourse to any one out of the three Rules of Order XLI of CPC for remanding the case to the trial court.” In instant case, in the absence of any ground taken by the respondents before the first appellate court and the High Court as to why the remand order in these cases is called for and if so under which Rule of Order XLI of CPC and further in the absence of any finding, it was held that “there was no justification on the part of the High Court to remand the case to the trial court” and “the High Court instead should have decided the appeals on merits”

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