High Court confirmed an appellate judgment remanding two suits to the trial court. Directed the trial court to dispose of the suits on merits within six months, utilizing evidence from the original trial and allowing fresh evidence.
Held that remand order is confirmed; trial court directed to dispose of suits on merits within six months; CMAs dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATUE AT MADRAS
DATED: 17.11.2015
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA
C.M.A. Nos.864 and 865 of 2015 and MP.1/2015 in CMA.864/2015
1.Marayal 2.Thangavel .. Appellants in both CMAs Vs 1.Pongianna Gounder 2.Venkatachalapathy 3.Poonkodi 4.Jothi Ramasamy(died) 5.Samiyappan 6.Karuppa Gounder 7.Palani Gounder 8.Chinna Karuppa Gounder 9.Saravanan Subramani (died) 10.Minor. Saravanan, rep. by court Guardian Selvi.M. Praveea Karuppayal (died) 11.Chinnammal N.N. Egambaram (died) 12.Natarajan @ Rathinasamy 13.Paramasivam 14.Karuppayal 15.Sekar (R5 to 9, and 11 to 15 were set exparte before the court's below) .. Respondents in both CMAs
C.M.A.No.864 of 2015 is filed under Order XXXXIII Rule 1 (U) of CPC against the decree and judgment dated 12.06.2013 passed in A.S.No.128 of 2012 on the file of the Principal District Judge of Erode, Erode District, reversing the decree and judgment dated 19.06.2009 passed in O.S.No.160 of 2004 by the 1st Additional Sub Court, Gobichettipalayam, Erode District.
C.M.A.No.865 of 2015 is filed under Order XXXXIII Rule 1 (U) of CPC against the decree and judgment dated 12.06.2013 passed in A.S.No.129 of 2012 on the file of the Principal District Judge of Erode, Erode District, reversing the decree and judgment dated 19.06.2009 passed in O.S.No.160 of 2004 by the 1st Additional Sub Court, Gobichettipalayam, Erode District.
In both CMAs For appellants : Mr.I.C.Vasudevan For R1 : Mr.I.Abrar Md.Abdullah for Mr.V.P.Karthikeyan
COMMON JUDGMENT
Aggrieved against the common judgment and decree passed by the learned first appellate Court in reversing the judgment and decree passed by the learned trial Court, the appellants herein, who are the defendants 8 and 9 before the trial Court, have filed the present applications.
“23. Remand of case by Appellate Court. ---- Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the appellate Court may, if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, with directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the
original trial, shall, subject to all just exceptions, be evidence during the trial after remand.”
C.M.A. Nos.864 and 865 of 2015
2 issues framed by the court
Whether the impugned judgment and decree remanding the case to the trial court should be confirmed.
Whether the trial court is directed to dispose of the suits on merits within six months taking note of recorded evidence.
2 provisions across 1 enactments
1.Marayal 2.Thangavel
1.Pongianna Gounder 2.Venkatachalapathy 3.Poonkodi 4.Jothi Ramasamy 5.Samiyappan 6.Karuppa Gounder 7.Palani Gounder 8.Chinna Karuppa Gounder 9.Saravanan Subrama
T.RAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
