Remand of case by Appellate Court: O41 R23

 

Code of Civil Procedure

 

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, which 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.

 

Code of Civil Procedure

Judgments:

(a) In Balaji Mohaprabhu & Anr. V. Narasingha Kar & Ors., AIR 1978 Ori 199, the Orissa High Court held that it would amount to substantial compliance of the provisions of Order 41, Rule 23 C.P.C. if the Appellate Court’s judgment is based on independent assessment of the relevant evidence on all important aspects of the matter and the findings by the Appellate Court are well-founded and quite convincing.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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