Order or remand

Querist : Anonymous (Querist) 27 October 2011 This query is : Resolved
can a remand order be further appealled to higher court. i want to know whether an order passed can be remanded back to trial court.is only decree can be remanded back or order?.

Follow Query

Report Abuse

ajay sethi (Expert) 27 October 2011
if on appeal court passes an order for remand on groungs that trial court has not considered various facts agitated by appelllnat it is a just and judicious order . filing an apppeal would be a futile exxercise as court has given you a chance to satisfy trial courts on merits of your case .

Raj Kumar Makkad (Expert) 27 October 2011
Both decree as well order can be ordered to be remanded back.

prabhakar singh (Expert) 27 October 2011
Well if law provides appeal can be filled against the remand judgement and decree of first appeal by filing second appeal and if remand order was passed in second appeal then
By SLP before Supreme Court.

Querist : Anonymous (Querist) 27 October 2011
but before an remand order could be further appealled i mean second appeal what requirement it should pass.can one such requirement be that original suit proceeded on question of law and remand order is not correct as the question of law is rightly decided by first appealate court.i m of the view that remand order is surely destructive of defendents in original suit.

Raj Kumar Makkad (Expert) 27 October 2011
Question of law shall be challenged in the given facts.

Querist : Anonymous (Querist) 28 October 2011
a files a case b resist being barred by res judicata.a appeals in distt court.whereupon distt court remands it.now who will go in hc challenging remand order. it should be respondent which is b in this case.now if u have understood my facts answer me this-can b say in high court in appeal say that lower court righlty decided in my favour and distt court is wrongly remanding matter.and if high court say no distt court is doing right.can he again go in SC under SLP.PRELIMINARY ISSUE IN MY FACTS CITED ABOVE IS QUESTION OF LAW i.e RESJUDICATA ON LAW.
WILL IT MAKE ANY DIFERENCE IF SUBSTANTIAL QUESTION OF LAW IS SUBJECT MATTER OF REMAND.

prabhakar singh (Expert) 28 October 2011
author : Anonymous!

What restrained you to put facts just in one go.Was it detrimental to your mind to tell the facts in your very first post.Now it sounds you are an advocate burdened with confusions and doubts. The first condition of learning is to carry a plain mind and to understand every thing in very plain manner
with out any complication.

It is natural in any case hypothetically or
factually when plaintiff suit is decreed, defendant would be appellant and in cases where suit is dismissed,plaintiff himself would be appellant.
Then plff.appellant/respondent or deft.appellant/respondent expressions,if used by author,shall convey and communicate
in a better way.The author shall not at then be in doubt if he has been understood or not and shall not express in your terms
"now if u have understood my facts answer".

Anyway Your A is Plaintiff.Your B is defendant.The defence pleaded by defendant is Res Judicata[sec. 11 C.P.C.
The suit is dismissed.A ,the plaintiff files appeals before District judge.The appeal gets allowed and remanded back to trial court is the factual position of your case now stated by you is my understanding.
If you find my understanding correct then read further my opinion given in next para or just stop here.

B,the defendant-respondent would be deemed to have loosed in first appeal before district judge which gives him[B-the defendant-respondent] right to file second appeal before High court,if he considers that he has a pure substantial question of law to be decided and his appeal is maintainable under conditions laid down in section 100 of C.P.C.
In case High Court confirms the judgement and decree of the first appellate court of the district judge B[defendant- appellant again looses and can proceed to the supreme court to challenge the judgement of high court by an SLP[special leave petition].

I HOPE THINGS ARE CLEAR NOW TO YOU.

Order or remand

Similar Resolved Queries :