Remand of Case
Chetan
(Querist) 03 April 2009
This query is : Resolved
The Regular appeal was filed by the Def.. Now the appeal was remanded by the DJ by mentioning in its oder :-
"the suit is remanded back to the Trial Court for retrial with a direction to allow the parties to lead evidence and the trial court shall proceed to determine the suit in accordance with law, after providing an opportunity to the parties to lead evidence"
Res. Members What is my role under such circumstance as being the counsel of Defendant.
and how the remand matter proceed?
Kiran Kumar
(Expert) 03 April 2009
dear Chetan the matter will proceed as a normal civil suit.
we dont know whether any time stipulation has been given by the appelate authority. avail all the opportunities for cross examination and submit ur evidence too in accordance with the law.
however if u find the order of appelate authority to be preverse one then find an appeal in the High Court.
Hiralal Das
(Expert) 03 April 2009
Yes, I agree with my Ld. Friend Mr. Kiran Kumar.
K.C.Suresh
(Expert) 04 April 2009
The suit is remanded and will proceed as a regular suit. Further clarifiaction is possible only with the aid of the final order
Tribhuwan Pandey
(Expert) 04 April 2009
I agree with Mr. Kiran Kumar, the case will proceed in which point that is remanded.
adv. rajeev ( rajoo )
(Expert) 04 April 2009
If there is any wrong while recording the evidence or answering the issues and not giving proper reasoning on the issues and also if the lower court failed to answer all the issues, then matter will remaned to the lower court, it is called as remand of case.
With this I also agree with learned members who have answered already.
Sushil Kumar Bhatia
(Expert) 05 April 2009
An order of remand is normally reopen the case the appellate court has power to admit the additional evidence of party and inspite of remand the appellate court can itself decide the case by allowing/disallowing appeal in this regard you should file a second appeal
