December 2018

Civil Procedure Code, 1908, O.41 R.23—Remand of Case—Suit was based on legality of compromise entered between the parties—Matter was remanded back to be decided afresh on merits-Held; This implied that the question of consideration of compromise petition was required to be decided first- -It is for the simple reason that if the compromise was held to be legal and proper, there was no need to decide the second appeal on merits—In other words, the need to decide the second appeal on merits would have arisen only if the compromise would have been held illegal and not binding on the parties concerned—Matter remanded again to be decided afresh accordingly. 

By | December 30th, 2018|Remand of case|

Comments Off on Civil Procedure Code, 1908, O.41 R.23—Remand of Case—Suit was based on legality of compromise entered between the parties—Matter was remanded back to be decided afresh on merits-Held; This implied that the question of consideration of compromise petition was required to be decided first- -It is for the simple reason that if the compromise was held to be legal and proper, there was no need to decide the second appeal on merits—In other words, the need to decide the second appeal on merits would have arisen only if the compromise would have been held illegal and not binding on the parties concerned—Matter remanded again to be decided afresh accordingly. 

December 2017

June 2017

May 2017

November 2016

Remand of Case—When the appellate Court had already recorded the findings of fact in plaintiff’s favour, there was no need for the High Court to remand the case again to the appellate Court for deciding the same issues.

By | November 17th, 2016|Remand of case|

Comments Off on Remand of Case—When the appellate Court had already recorded the findings of fact in plaintiff’s favour, there was no need for the High Court to remand the case again to the appellate Court for deciding the same issues.

October 2016