In other words, where the entire suit has been disposed of by the trial Court on a preliminary point and such decree is reversed in appeal and the appellate Court thinks proper to remand the case for fresh disposal.
Order 41 Rule 23 is invocable by the appellate Court where the appeal has arisen from the decree passed on a preliminary point.
1 companytested the Suit on diverse grounds.
On hearing the parties, the first appellate Court, allowed the appeal, set aside the judgment of the trial Court and remanded the Suit back to the trial Court with a direction to give an opportunity to both the parties to let in evidence boral and documentaryb and then decide the Suit afresh on merits.
While doing so, the appellate Court may issue further direction for trial of certain issues.
2 then filed a petition before the High Court seeking review of the order dated September 26, 2008.
2 by filing a Miscellaneous Appeal before the High Court under Order 43 Rule 1 u of the Code of Civil Procedure, 1908 for short the Code .
The High Court, by its order dated 26th September, 2008, held that the Civil Miscellaneous Appeal was number maintainable and dismissed the appeal on that ground.
104 of 1976 w.e.f.
The order of remand dated April 8, 2002 was challenged by the present appellant and present respondent No.
Aggrieved by the judgment and decree dated September 16, 1999, the respondent No.1 preferred first appeal which came up for hearing before the Subordinate Judge, Tiruchirapalli.
February 1, 1977.
The appellant and the respondent No.
According to Order 41 Rule 23A of the Code, the appellate Court may remand the suit to the trial Court even though such suit has been disposed of on merits.
He, along with two others, namely, Gnanasoundari and George filed a Suit against the present respondent No.1 for declaration, permanent injunction and mandatory injunction.
After recording evidence and on hearing the parties, the trial Court on September 16, 1999 decreed plaintiffs Suit for the grant of permanent injunction.
Where Appellate Court may frame issues and refer them for trial to companyrt whose decree appealed from b Where the companyrt from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the companyrt from whose decree the appeal is preferred and in such case shall direct such companyrt to take the additional evidence required and such companyrt shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons there for within such time as may be fixed by the Appellate Court or extended by it from time to time.
M. LODHA, J. Delay companydoned.
Leave granted.
The respondent No.
The appellant herein is plaintiff No.
