Bombay High Court Sets Aside Remand Order in Partition Suit — Directs Trial Court to Decide Issue No. 3 Afresh Without Adding New Property. The court held that the First Appellate Court exceeded its power under Order XLI Rule 23 CPC by directing inclusion of a property voluntarily relinquished by the plaintiff, and the proper remedy was remand under Order XLI Rule 25 CPC....
The appellant, original defendant No. 2, challenged the judgment and decree dated 12.10.2022 passed by the learned District Judge-4, Jalna (First Appellate Court) in Regular Civil Appeal No. 129 of 20...
