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KAMAL DAS   30 May 2024

Order of remand


" In the result, the additional question of law raised is answered accordingly and the second appeal is allowed, the decree and judgment passed by the 1st appellate court is set aside and the matter is remitted to the court below for fresh disposal in accordance with law. The trial court is directed to give an opportunity to the plaintiff to implead the plaintiff in O.S.No.465/68 of Principal Munsiff Court, Wadakkancherry and after procuring his presence and giving opportunity to both parties to adduce further evidence, if any required, then dispose of the case afresh in accordance with law. Considering the circumstances of case, the parties are directed to bear their respective cost in the appeal. The parties are directed to appear before the Munsiff Court, Wadakkancherry on 06.11.2017. Registry is directed to communicate this judgment to the court below and also send back the records to the court below at the earliest."


1. **Does the above remand order mean the plaintiff can submit a fresh plaint, or does the previous plaint still continue?**
2. **Can the parties adduce fresh evidence in the remanded trial?**
3. **What happens to the evidence already adduced before the remand? Does it need to be submitted again?**
4. **Will the trial court give a judgment without being influenced by previous orders before the trial?**
5. **Is there an option to appeal the order of the trial court in the new round of litigation?**
6. **What happens to the commission reports that were admitted during the period before the remand? Can the defendants rely on the adverse finding against the plaintiff in that report?**
7. **In the course of the trial after the remand, is it possible to send a commission to adjudicate any facts?**



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     31 May 2024

This decision was delivered in the year 2017 and I don't think that the suit is still pending even after 7 years of the disposal of appeal.


1. Once the case has been remanded, then the case already filed will be reopened for fresh trial and not that a fresh plaint has to be filed.

2. Yes,

3. Once the case is tried afresh, the previous issues will not be considered as valid anymore.

4. yes

5. The aggrieved party has a right to prefer an appeal 

6. The fresh trial will be conducted by the trial court

7. It depends on trial proceedings.

Dr. J C Vashista (Advocate )     31 May 2024

Q 1 No fresh plaint will be filed/ entertained on remand back.

2. Yes

3. Fresh evidence shall prevail.

4. Yes

5. Yes

6. Commission report may or may not be relied, depends upon circumstances of fresh evidence.

7. As in question 6 above.

What is the opinion and advise of your lawyer who is well aware about facts and circumstances of the case.

KAMAL DAS   31 May 2024

but sir the order was to implead a new party .case was remanded because necessary party was that means plaint must be changed righ since a new party has arrived into the case?

P. Venu (Advocate)     01 June 2024

The plaintiff need to steps to implead additional party in compliance with the directions.

T. Kalaiselvan, Advocate (Advocate)     05 June 2024

If the court has passed an order to implead a new party then you have to take procedural steps to undertake the task as ordered by court.

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