9911796707
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Issues:
1. Appeal against judgment and decree of lower Appellate Court. 2. Amendment of plaint under Order 6, Rule 17, C.P.C. 3. Decree of suit after amendment and subsequent withdrawal of amendment. 4. Violation of remand order by the trial Court. 5. Appellate Court's confirmation of trial Court's decree. Analysis: The respondent-plaintiff filed a suit against the deceased defendant for restoration of possession of two rooms and mesne profits, alleging purchase of the house from the defendant. The trial Court dismissed the suit, but on appeal, the plaintiff was allowed to amend the plaint to include a missing defendant. Subsequently, the plaintiff withdrew the amendment, bringing the suit back to its original state. The trial Court then decreed the suit without further evidence, contrary to the remand order's directions. The main issue is whether the trial Court had the authority to disregard the remand order and decree the suit based on the same evidence. The Court found the trial Court's actions as allowing the plaintiff to abuse the legal process. The trial Court's failure to adhere to the remand order's directions was deemed unlawful, as it was obligated to comply with the order's terms. The Court cited precedent emphasizing the necessity for the trial Court to follow the remand order strictly. The Court concluded that the plaintiff's manipulation resulted in the suit being decreed despite its earlier dismissal. The lower appellate Court's error in confirming the trial Court's decree was noted. Consequently, the appeal was allowed, setting aside the judgments of the lower Courts and directing the trial Court to adhere to the remand order issued by the lower appellate Court. The parties were instructed to appear before the trial Court without further notice. No costs were awarded due to the peculiar circumstances of the case.
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