Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Remand |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Remand:Remand of case to Revisionary Court – On facts, failure ofthe appellant-tenant to vacate possession of the suit premises torespondent-owner in terms of the compromise, led to filing ofexecution application by respondent – Objections raised byappellant – Executing court overruling all the objections, directedissuance of warrant of possession in respect of suit premises againstthe appellants – Filing of Revision by appellant – Revisionary Courtremanded the matter to the Executing Court – In writ petition, theHigh Court set aside the order of the revisionary court and restoredthe order of the Executing Court – On appeal, held: RevisionaryCourt erred in remanding the case to the Executing Court for itsfresh consideration on merits – Since the Executing Court hadalready decided all objections raised by the appellants on meritsand had found no merit therein, the Revisionary Court was underlegal obligation to decide the legality and correctness of the findingsrecorded by the Executing Court – Revisionary Court also erred inallowing the appellants to file additional documents, whichwere neither relevant and nor material for deciding thecorrectness of the order passed by the Executing Court –Furthermore, the High Court having noticed the errors in the orderof the Revisionary Court should have remanded the case to theRevisionary Court for deciding the revision afresh on merits –Thus, case remanded to the Revisionary Court for deciding therevision afresh.Remand of a case to Subordinate Court – When necessary –Held: Remand is necessary when the Superior Court while exercising its appellate or revisionary jurisdiction finds that the SubordinateCourt has failed to decide some material issues arising in the caseor there is some procedural lacuna noticed in the trial, which hasadversely affected the rights of the parties or when some additionalevidence is considered necessary to decide the rights which wasnot before the trial court. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 893 |
Petitioner | Hiya Associates & Ors. |
Respondent | Nakshatra Properties Pvt. Ltd. |
SCR | [2018] 12 S.C.R. 135 |
Judgement Date | 2018-09-26 |
Case Number | 9996-9997 |
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