KAILASH PATI NARAIN SINGH Vs. BHOLA SANANI
LAWS(PAT)-1979-4-5
HIGH COURT OF PATNA
Decided on April 06,1979

KAILASH PATI NARAIN SINGH Appellant
VERSUS
BHOLA SANANI Respondents

JUDGEMENT

B.P.Jha, J. - (1.)The plaintiffs-petitioners have preferred this civil revision against the order of remand made by the appellate court.
(2.)A short point for consideration is :
"Whether a remand order under Sec. 151 of the Code of Civil Procedure can be made in violation of the specific provisions contained in order XLI rule 24 to 27 of the Code of Civil Procedure (hereinafter referred to as "the Code") ?

(3.)In the present case, the appellate court remanded the appeal for fresh consideration of issues 3 and 5 by the trial court and for delivering a fresh judgment in the light of the observations made in the order. The appellate court was of opinion that no finding is possible in respect of issues 3 and 5 at this stage, and, as such, it directed the trial court to give clear findings on both the issues in the light of the evidence on the record.


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