The Madhya Pradesh High Court, observed that appellate court is not obligated to remand matter back for Fresh Trial merely because it framed new issues.
This was observed in the case of OMPRAKASH VERSUS ASHOK AND ORS, which was presided over by Justice Pranay Verma.
FACTS OF THE CASE
The plaintiff instituted an action against defendants for declaration that the sale deeds dated 28.01.2014 and 17.07.2015 executed with respect to the suit land are not binding upon him and for permanent injunction restraining the defendants from interfering with his possession over the suit land and from alienating the same in favour of any third person. The defendants contested the claim by filing their written statement. The defendants also contested the claim by filing their separate written statement. Upon framing of issues by the trial Court the parties led oral as well as documentary evidence in support of their respective contentions.
During the pendency of the appeal, the Respondents/Defendants moved an application under Order XLI Rule 27 CPC for taking additional documents on record. They also raised an objection regarding the issues being improperly framed by the trial court. The lower appellate court thereby deleted two issues and framed new issues.
Thereafter, the lower court remanded the matter containing new issues to trial court. Stating, the fresh issues which have been framed by the appellate Court require fresh evidence by both the parties and reconsideration denovo hence it has rightly remanded the matter back to the trial Court for permitting the parties to lead evidence. Aggrieved, the Appellant/Plaintiff moved the Court to challenge the decision of the lower appellate court.
JUDGEMENT OF THE CASE
The Court held that while remanding the case to trial court under Order XLI Rule 28 CPC, it could have specified the points to which the additional evidence was to be confined by trial court. There was no need to set aside the judgment and decree merely because additional documents were taken on record.
With the aforesaid observations, the impugned order passed by the lower appellate court was set aside with the following directions-
- Deleted issues framed by the trial court and the new issues framed by lower appellate court to be maintained
- Matter to proceed as per the provisions under Order XLI Rule 25 and 26 CPC by the lower appellate court
- Order to take additional documents on record to be maintained; the lower appellate court to proceed in terms of Order XLI Rule 28 and 29 CPC regarding the same.
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JUDGEMENT REVIEWED BY VYSHNAVI KRISHNAN.
