...remand by the lower appellate court is contrary to Order 41 Rule 24 CPC. He submitted that for one, no specific provision of law was adverted to by the lower appellate court...appeal. Order 41 Rule 24 CPC provides that where the evidence on record is sufficient to enable the appellate court to pronounce judgment, it can even re-settle the issues...provisions of Order 41 Rules 23, 23A, 24 and 25 CPC. The appellate court has to find a legal ground for remand and where no ground is made out, shortcomings in the trial court's orders ar...

...frame issues, take additional evidence or require such evidence to be taken. Order 41, Rules 23 and 23-A provide power for remanding the cases to the Trial Court. However, Order 41, Rule 24 ...for remanding the matter for re-appraisal or for reconsideration. However, such remand is necessary or not and within the scope of Order 41, Rules 23 and 23-A CPC are to be examined by the Courts by passing an ...question arises whether the order of remand was issued in accordance with Rules 23, 23A and 24 of the Order 41 CPC.8. The reason for remand is to be considered for the purpose of invoking even...

...could have issued mandatory injunction against the defendants by itself instead of remanding the matter. He submits that the appellate Court has ignored the provisions of Order 41 Rule 24 ...has failed to observe the provisions contained under Order 41 Rule 24 CPC.7. In the circumstances, the impugned appellate order deserves to be and is hereby set aside. The matter is...amendment of the plaint under Order 6 Rule 17 of the CPC. It was prayed by the plaintiffs that the application be allowed and decree for possession of the suit land and...

..., or ought to have proceeded to take the additional evidence, instead of remitting the matter to the trial Court for fresh trial. 16 Order 41 Rule 24 CPC postul...event, if that squarely falls within the ambit and four corners of Order 41 Rule 25 CPC and not otherwise. If there is sufficient evidence on record, then it was for the appellate Court t...any legal basis. 18 Thus, seen from any angle, the impugned judgment of remand is not in consonance with the statutory provisions of Order 41 Rule 25 CPC. Since, there w...

...below is not in conformity with the law as he failed to exercise the jurisdiction vested on him under Order 41 Rule 24 CPC, inasmuch as, materials and evidence were before...materials and documents necessary for determination of the issue were available before him and Order 41 Rule 24 CPC enjoins such power upon the appellate court. Failure of the...jurisdiction vested on him under Order 41 Rule 24 CPC has failed to exercise the jurisdiction vested on him by law. Further, in coming to the conclusion regarding the bona...

...)1. Counsel for the appellants argues that in view of Order 41 Rule 24 CPC the First Appellate Court could not have remanded the first appeal but ought to have deci...view of Order 41 Rule 24 CPC read with the ratio of the recent judgment of the Supreme Court in the case of Lisamma Antony (supra), it is the first appellate court which has to...that appellate courts cannot remand the matters except under Order 41 Rule 23 CPC where suit is decided only on a preliminary issue ie all issues are not decided or under...

...in the ground of appeal of the plaintiff, Order 41 Rule 24 CPC requires the appellate Court to frame an appropriate issue. If the evidence is otherwise available and the...

...respondent no such prayer was made, the learned Single Judge invoked Order 41 Rule 24 of the Code of Civil Procedure, 1908 (CPC) and justified the framing of the first question by recording the...“the Trusts Act”), I deem it absolutely necessary to formulate the first point for consideration, exercising the jurisdiction of this Court under Order 41 Rule 24 CPC. For this reason, this Court...justified in invoking Order 41 Rule 24 CPC. If at all the learned Single Judge felt that the trial court should have framed a specific issue on the validity of the agreement, Ext. B-1, then he should have...

...the appeal finally by resorting to Rule 24 of Order 41 CPC without recording its satisfaction about requirements envisaged therein in utter disregard to Rules 23 and 23A of...Order 41 CPC?6. With the consent of learned counsel for the parties, matter is heard finally at this stage.7. While it is true that Order 41 ...envisaged under Order 41 Rule 24 CPC, and furthermore the learned first appellate Court has completely overlooked Rules 23 and 23A of Order 41...

....11. Thus, this is a clear case where lower appellate court ought to have proceeded under Order 41 Rule 24 of CPC.Rule 24 of ...whose decree the appeal is preferred has proceeded wholly upon some ground other than that on which the Appellate Court proceeds.”12. A reading of Order 41 Rule 24 of ...ought to have determined the suit and materials as stated in Order 41 Rule 24 of CPC. When a provision is laid down in CPC, which enables appellate court to determine th...

....5. The counsel for the respondents however submits that the appellate court was competent to decide the suit finally according to the provisions of Order 41, Rule 24 CPC....in view of Order 41, Rule 23 CPC, the matter ought to have been remanded to the trial court for recording evidence of the parties and other issues be decided in accordance...judgement of appellate court does not suffer from any illegality.6. I have considered the arguments of the counsel for the parties.7. Order 41, Rule 23 CPC is quoted below...

...Order 41 Rule 24 CPC. When the parties have adduced evidence fully knowing the dispute involved in the suit, it is mandatory that the Appellate Court should consider and decide the issues, for which a...reporting). Paragraph 4 of the said judgment is extracted below for reference. “4. A conjoint reading of Rule 23, 23A and 24 of Order XLI C.P.C. would make it clear that non-consideration...record is sufficient. The expression “evidence upon the record is sufficient” incorporated in Rule 24 shall not be understood to cover any failure upon the party to tender any evidence, insufficiency...

...is a specific provision in Order 41 Rule 24 CPC which clearly enable the appellate court to pronounce the judgment itself even after resettling the issue or even after...Heard learned counsel for the parties.The appellant/plaintiff has preferred this appeal to challenge the order dated 17.4.2007 by which the first appellate court, Additional...for the appellate court to remand the matter.In view of the above reasons, this appeal is allowed and the order of the first appellate court dated 17.4.2007 is set aside...

...parties.15. Order 41 Rule 24 CPC postulates that “where the evidence upon the record is sufficient to enable the Appellate Court to pronounce judgment, the Appellate Court may, after...Order 41 Rule 25 CPC and not otherwise. If there is sufficient evidence on record, then it was for the Ist appellate Court to decide the case on merits as envisaged under Rule .... Whether the suit is barred by section 80 CPC?OPD5. Whether this Court has got no jurisdiction to try and decide this suit?OPD6. Whether the plaintiff has no cause of...

....5(i) Counsel for the appellant is correct in arguing that the application under Order 41 Rule 27 was not decided by the appellate court, though I must simultaneously also add that i...which are filed by the appellants-plaintiffs in the application under Order 41 Rule 27 CPC are considered, will the suit of the appellants-plaintiffs succeed? I have already noted the ...that before the appellate court appellants had filed an application under Order 41 Rule 27 CPC for filing documents being the earlier suit plaint filed by Hund Raj and orders...

...framed by the trial court, as such, under Order 41 Rule 24 the appellate court was empowered to re-settle and re-frame the issue and decide the matter on the basis of evidences adduced before the trial court. ...ambit of Order 41 Rule 25 CPC. If there is sufficient evidence on record, then it was for the appellate Court to decide the case on merits, as contemplated under Rule ...statutory provisions of Order 41 Rule 25 CPC. Since, there was sufficient evidence on record to decide the real controversy between the parties, so, the appellate Court ought to have decided the matter itself, as c...

...provisions of Order 41, Rule 24 CPC, the first appellate court itself could have decided the suit and there was no necessity for remanding back the matter to the trial court for...on various issues which it has failed to record. 16. So far as the submission of learned counsel for the appellant regarding provision of Order 41, Rule 24 CPC ... Arun Bhansali, J.—This appeal under Order 43, Rule 1 (u) CPC has been filed by the appellants-defendants aggrieved against the judgment dated...

...defendant, is valid. As per the Order 41 Rule 23 and 23(A) CPC, the Appellate Court can remand the suit if it thinks fit. The First Appellate Court may frame issues or direct the Trial Co...Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1u of Civil Procedure Code against the Judgment and Decree in A.S. No. 95 of 2004, dated...2007 and decide the suit afresh.5. Against the said order of remand, the appellants have come out with the present appeal.6. When the matter was taken up for hearing...

...evidence in order to substantiate their respective pleas. Order 41 Rule 24 CPC postulates that “where the evidence upon the record is sufficient to enable the Appellate ...Appellate Court was well within its jurisdiction to decide the appeal on merits, as contemplated under Order 41 Rule 24 CPC. No fault can possibly be attributed to Ist...adjudication of the case.8. The parties to the litigation brought on record the oral as well as documentary evidence, in order to prove their respective stands.9. Taking into...

...sufficient powers under Order 41 Rule 24 CPC read with Order 41 Rule 33 CPC in order to decide the appeal on the basis of admitted fa...course is strenuously denied by the appellant. 8. Though the impugned judgment dismisses the suit under Order 7 Rule 11 CPC, as an appellate Court I have...and there is no right of perpetual tenancy as urged and argued on behalf of the appellant. I am applying the provision of Order 12 Rule 6 CPC on the basis of admitted facts...