Remand of suit-rights of co dendants

Querist : Anonymous (Querist) 12 October 2023 This query is : Resolved
The suit was remanded from the High court to the Trial court with a specific direction that Defendant 1 should produce some additional documents and the suit should be reheard and disposed of.

There are 3 defendants in the suit. The Plaintiff had claimed separate relief against all three Defendants. Defendants 2 and 3 never filed the first appeal or second appeal after the initial decree of the suit. They remained non-contesting parties.

Now after the remand Trial court has again decreed the suit in favour of the plaintiff. Now in the first appeal, even Defendant 2 joined as appellant. Is it allowed? Since they never contested the case earlier. Is it not that findings in the judgment before remand reached finality with respect to defendant 2 and defendant 3?

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kavksatyanarayana (Expert) 12 October 2023
The suit decree has to be verified. You have not stated in which case. please consult a local lawyer.

T. Kalaiselvan, Advocate (Expert) 19 October 2023
The high court has remanded back the suit to the trial court to conduct re-trial.
Therefore the trial was conducted afresh.
In the circumstances the other defendants are entitled to prefer an appeal against the aggrieved judgment.

P. Venu (Expert) 31 October 2023
Yes, the appeal is in order.

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