9911796707
TMI Blog1986 (4) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... was admitted in evidence under CX41, Rule 27, C.P.C. The appellate Court allowed the appeal and set aside the judgment of the learned Civil Judge and issued a direction at the time of the remand that the plaintiff and defendant shall be given an opportunity to prove or disprove the document and thereafter the decision should be given. After the matter went back to the learned Civil Judge, the non-petitioners moved an application under Order 13, Rule 2, C.P.C. for the production of a document and this was admitted by the impugned order by the learned Civil Judge and the same has been challenged in this revision. 2. The contention of the learned counsel for the petitioner is that the jurisdiction of the Court after remand is limited to the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould be on the basis of Section 14(1)(b) of the Act. It was held that on remand the jurisdiction of the Assistant Collector was limited by the order of the appellate authority and determination should be on the basis of Section 14(1)(b) of the Act. It was held that on remand the Assistant Collector acted in excess of his jurisdiction which was limited by the order of the appellate authority and it was his duty to comply with it. As the order was contrary to the direction of the appellate authority, it was held to be illegal and unjustified and without jurisdiction. 6. In Charles N. Ambrose v. Meenakshi Ammal Ramal Animal AIR 1953 Trav Co. 109 it was held that when the order of remand determines the jurisdiction then the trial Court is not e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no evidence of any other nature would be recorded by way of rebuttal. After remand the first appellate Court examined expert witnesses on behalf of both the parties with the consent of the parties. This procedure adopted by the District Judge was held to be illegal as it was in conflict with the direction given by the High Court and such a procedure cannot be adopted even with the consent of the parties. 11. On the other hand, learned counsel for the non-petitioner has placed reliance on Sanatan Mahapatra v. Hakim Mohammad Kazim Mohammad. The appellate Court after setting aside the judgment and decree of the lower Court remanded the suit to the trial Court directing a fresh disposal after framing a separate issue and also giving oppor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he lower Court can try the suit as if it was trying it for the first time and all the powers which a Court has in the disposal of a suit can be exercised by it. However, if the order of the first appellate Court is such which can be said to have placed limitations on the powers of the trial Court then the trial Court cannot go beyond the directions given by the appellate Court. 14. In the present case, the order of remand may again be referred to in order to judge as to what is the nature of it. In appeal before the District Judge, an application under Order 41, Rule 27, C.P.C., was accepted and a particular document which is a sale deed of the year 1926 (or 1920) was ordered to be taken in evidence and the parties were allowed to lead evid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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