The High Court dismissed the Second Appeal as not maintainable against a remand order under Order 43 Rule 1(u) of the CPC. The appeal was abandoned by the appellant, and impleaded applicants were also rejected.
Second Appeal dismissed as not maintainable under Order 43 Rule 1(u) of CPC.
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NC: 2023:KHC:33467 RSA No. 161 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 161 OF 2020
BETWEEN:
…APPELLANT
(BY SRI B.C.VIJAY, ADVOCATE [ABSENT])
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI C.S.RADHA JAYANTHI, ADVOCATE FOR
IMPLEADING APPLICANT)
THIS R.S.A IS FILED UNDER SECTION 100 OF CPC
PRAYING TO SET ASIDE THE JUDGMENT DATED 05.04.2019 IN
NC: 2023:KHC:33467 RSA No. 161 of 2020
R.A.No.5024/2018 PASSED BY THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU AND ETC.,
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant is absent.
The office has raised the objections regarding
maintainability of the appeal in view of Order 43 Rule 1(u) of CPC and it is a remand order. Hence, the second appeal is not maintainable and even the counsel for the appellant is not pursuing the matter also. Hence, the R.S.A is dismissed as not maintainable.
The counsel for the impleading applicant submits that she may be impleaded as appellant in this matter. But, when the very appeal is not maintainable, question of impleading the applicants does not arise. If the applicants having any independent right they can pursue the relief by filing appropriate appeal.
NC: 2023:KHC:33467 RSA No. 161 of 2020
Accordingly, IAs’ which are pending are also rejected.
Sd/JUDGE
RHS List No.: 1 Sl No.: 12
1 issue framed by the court
Whether a second appeal is maintainable against a remand order under Order 43 Rule 1(u) of the CPC
2 provisions across 1 enactments
SRI VEERENDRA KATHURIA
SRI M.LINGAPPA
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
