Allowed

Rohini Chit Funds, Vijayawada v. Namburu Durga Rao

Telangana HC22 Mar 2011CMA/206/2008

Case brief

AI extract

What is this about?

The High Court allowed a civil miscellaneous appeal, setting aside the order of remand by the first appellate court. The High Court directed the first appellate court to dispose of the appeal de novo, and the trial court to decide within three months.

What did the court decide?

Order of remand set aside; First Appellate Court directed to dispose of matter; Trial Court directed to decide within 3 months.

Rohini Chit Funds, Vijayawada Vs Namburu… — Civil Procedure and Limitation | Telangana HC (2011)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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DATE.22-03-2011.

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PRESENT

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THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY

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CIVIL MISCELLANEOUS APPEAL No.206 OF 2008

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Between:

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Rohini Chit Funds, Vijayawada, Rep. by its Foreman and Managing Partner, Jasthi Vijaya Kumar, S/o.Venkata Subbaiah, Hindu, Aged 47 Years, Business. --- Appellant/ Respondent/ Plaintiff.

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AND Namburu Durga Rao and three others. --Respondents/

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Appellants/ Defendants.

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The Court made the following:

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THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY

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CIVIL MISCELLANEOUS APPEAL No.206 OF 2008

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JUDGEMENT:

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The Civil Miscellaneous Appeal is directed against judgment dated 20-11-2007 passed in A.S. No.13 of 2006 on the file of the Court of Senior Civil Judge, Nandigama, Krishna District, preferred against judgment and decree passed in O.S. No.24 of 1998 remanding the matter to the trial Court for the purpose of considering judgment copy in C.C. No.264 of 1996 for appropriate adjudication of the matter.

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2. The Appellant is the plaintiff in the suit and respondent in the First Appeal, whereas the Respondents are the Defendants in the suit and Appellants in the First Appeal. For the sake of convenience the parties hereinafter will be referred as arrayed in the suit.

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3. The plaintiff filed the suit for recovery of an amount of Rs.85,652/- on the basis of a chit transaction against the defendants. The plaintiff and defendants contested the matter and ultimately the suit was decreed for Rs.43,700/- with costs and with subsequent interstate the rate of 12% p.a. from the date of the suit till the date of decree and thereafter at the rate of 6% p.a. till the date of realization of the amount of Rs.43,700/-, following which the Appeal was preferred.

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4. On behalf of the plaintiff PWs. 1 and 2 were examined and Exs.A-1 to A-23 were marked, on behalf of the defendants DWs. 1 to 4 were examined and Exs.X-1 to X-3 were marked.

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5. Having gone through the judgment passed in the Appeal, it is quite surprising that just for the purpose of considering a copy of C.C.

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No.264 of 1996 the matter was remanded to the Trial Court. In stead of that the first appellate Court could have itself considered the judgment and disposed of the Appeal taking into consideration all the relevant circumstances. If fresh evidence was to be recorded with regard to any facts in issue, that may be altogether a different context. By doing so, lot of injustice is done to either both the parties or one of the parties, as the case may, they are subjected to wastage of their time and loss of amount in the form of expenditure. The question of remand should be very carefully exercised. It should not be resorted to unless grave need arises.

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Therefore, for the foregoing reasons the order of remand made by the first appellate Court is liable to be set aside.

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In the result, the Civil Miscellaneous Appeal is allowed setting aside the order of the first Appellate Court with a direction to the First Appellate Court to dispose of the matter taking into consideration the over all circumstances of the case.

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Further, as the matter has become very old the learned Senior Civil Judge, Nandigama, Krishna District, is directed to dispose of the matter within a period of three (3) months from the date of receipt of a copy of this Order. There shall be no order as to costs.

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G. KRISHNA MOHAN REDDY, J

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Dated: 22-03-2011. Dsh.

Rohini Chit Funds, Vijayawada v. Namburu Durga Rao

Case brief

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Rohini Chit Funds, Vijayawada v. Namburu Durga Rao

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