Chinnasamy, v. Sellappan
Case brief
What is this about?
This court set aside the order of remand passed by the First Appellate Court holding that additional evidence could be adduced by the appellate court itself, making remand unnecessary under the facts.
What did the court decide?
Civil Miscellaneous Appeal allowed; order of remand set aside; matter remanded to First Appellate Court for fresh disposal within three months.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.11.2017
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD)No.1146 of 2015 and MP(MD)No.1 of 2015
Chinnasamy ... Appellant/Respondent/Plaintiff
Vs.
1.Sellappan 2.Arjunan ... Respondents/Appellants/Defendants
Prayer : This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(u) of Civil Procedure Code against the judgment and decree of the Lower Appellate Court dated 03.08.2015 passed in A.S.No.2 of 2015 on the file of the Additional Subordinate Judge, Karur reversing the judgment and decree of the Trial Court dated 12.12.2012 passed in O.S.No.293 of 2011 on the file of the Principal District Munsif, Karur and remanding the suit for fresh disposal.
For Appellant : Mr.V.Balaji For Respondents : Mr.V.Perumal for R1 & R2
Issues for consideration
3 issues framed by the court
Whether remand of the appeal to the trial court is necessary when additional evidence can be admitted by the appellate court directly.
Whether the circumstances warranting a remand under Order 41 Rule 23 of CPC are present in this case.
Whether the order of remand passed by the First Appellate Court should be set aside.
Parties & counsel
- appellant
Chinnasamy
- respondent
Sellappan
- respondent
Arjunan
Coram
Case details
As recorded by the court registry
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