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adv. rajeev ( rajoo ) (practicing advocate)     20 October 2013

Order 41 r 23 of cpc

Powers of Appellate Court:

Held, it is clearly seen that under the relevant provisions of Order 41, r 23 of CPC the right of the first appellate court is unlimited.  Nodoubt first appellate court by irself can decide all these matters.  However, if it feels that additional evidence is required to be led in by parties and issue regarding maintainabliity is to be decided based on the facts and other relevant factors, it can remand the matter back for fresh consideration by trial court on the ljmited aspect of maintainability  for which an issue is framed by itself.  

KCCR  2013(4) - 2668



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 2 Replies

venkatesh Rao (Retired Government Servant)     20 October 2013

Yes; but if the evidence on record is sufficient, the first appellate should be slow to remand, but to decide itself.

T. Kalaiselvan, Advocate (Advocate)     20 October 2013

If the evidence in hand in the opinion of the appellate court is sufficient enough to decide and if it is felt the lower court has failed to give due consideration to it, the 1st appellate court may remand the case to the lower court .


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