Remand of suit-rights of co dendants

Querist : Anonymous (Querist) 12 October 2023 This query is : Resolved
The suit was remanded from the High court to the Trial court with a specific direction that Defendant 1 should produce some additional documents and the suit should be reheard and disposed of.

There are 3 defendants in the suit. The Plaintiff had claimed separate relief against all three Defendants. Defendants 2 and 3 never filed the first appeal or second appeal after the initial decree of the suit. They remained non-contesting parties.

Now after the remand Trial court has again decreed the suit in favour of the plaintiff. Now in the first appeal, even Defendant 2 joined as appellant. Is it allowed? Since they never contested the case earlier. Is it not that findings in the judgment before remand reached finality with respect to defendant 2 and defendant 3?

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kavksatyanarayana (Expert) 12 October 2023
The suit decree has to be verified. You have not stated in which case. please consult a local lawyer.

T. Kalaiselvan, Advocate (Expert) 19 October 2023
The high court has remanded back the suit to the trial court to conduct re-trial.
Therefore the trial was conducted afresh.
In the circumstances the other defendants are entitled to prefer an appeal against the aggrieved judgment.