Search Results for "Order 41 Rule 23A"

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Search Results for "Order 41 Rule 23A"

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High Court

High Court of Karnataka Allows Appeal in Property Suit Remand Case — Appellate Court Exceeded Remand Powers Under Order 41 Rule 23A CPC. Remand Order Set Aside as Appellate Court Failed to Decide Appeal on Merits and Instead Directed Trial Court to Comply with High Court Order.

21 Jan 2020

The present Miscellaneous Second Appeal (MSA No.127/2017) was filed by the appellants, Sri P.H. Honnappa and Sri Rajanna @ Raju, against the judgment ...

High Court

Bombay High Court Upholds Remand Order in Partition Suit — Appellate Court Justified in Remanding Suit for Fresh Trial When Defendant Was Denied Opportunity to Lead Evidence. Order 41 Rule 23A CPC Allows Remand Where Trial Court Disposed of Suit Without Affording Proper Hearing.

6 Sep 2017

The appellants (original plaintiffs) filed Special Civil Suit No. 135 of 1996 seeking partition and separate possession of suit property, and a declar...

High Court

Bombay High Court Allows Appeal Against Remand Order in Divorce Case — Remand Without Deciding Merits Not Permissible Under Order 41 Rule 23A CPC. Appellate Court Must First Reverse Decree on Merits Before Remanding Under Order 41 Rule 23A of Code of Civil Procedure, 1908.

23 Jan 2017

The case arises from a matrimonial dispute where the respondent-wife filed a divorce petition under Section 13(1)(i)(ia) of the Hindu Marriage Act, 19...

High Court

Bombay High Court Allows Appeal Against Remand Order in Agricultural Land Dispute — Trial Court Directed to Decide Issues Without Reference to Revenue Authorities. The lower appellate court's remand for determination of agriculturist status and reference to revenue authorities was set aside as the appellate court could have decided the issue itself under Order 41 Rule 23A CPC.

6 Jun 2006

The appellant/plaintiff, Smt. Housabai Pandurang Tawar, filed a suit for possession of agricultural land claiming to have purchased it by a sale deed ...

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