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Kachi Raghuramiah and ors. Vs. Vajjala Mahalakshmamma - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1062
AppellantKachi Raghuramiah and ors.
RespondentVajjala Mahalakshmamma
Excerpt:
civil procedure code (act v of 1908), order xli, rules 23 and 27 - evidence shut out--remand illegal. - 1. the remand in this case was not justified under order xli, rule 23. as the district munsif did not dispose of the suit on a preliminary point. if the district judge thought the evidence shut out by the district munsif should be taken, he should have proceeded under order xli, rule 27. we set aside the order of remand, and direct the district judge to dispose of the appeal according to law.
Judgment:

1. The remand in this case was not justified under Order XLI, Rule 23. as the District Munsif did not dispose of the suit on a preliminary point. If the District Judge thought the evidence shut out by the District Munsif should be taken, he should have proceeded under Order XLI, Rule 27. We set aside the order of remand, and direct the District Judge to dispose of the appeal according to law.


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