Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.25,24,23,O.VII,R.2

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.25,24,23,O.VII,R.2

Law: Suits Valuation Act, 1887

Section: 11,8

(a) Civil Procedure Code (V of 1908)-------O. XLI, R.24---Suits Valuation Act (VII of 1887), S.11---Suit for rendition of accounts, declaration, possession and mandatory injunction---Power of Appellate Court to frame additional issue and direct Trial Court to take additional evidence---Trial Court passed preliminary decree in favour of plaintiffs---Appellate Court remanded the case to Trial Court after framing additional issue for determining proper value of the suit and returned the appeals to be presented to the court of competent jurisdiction---Plaintiff contended that the forum of appeal had to be determined on the basis of valuation made by the plaintiff and Appellate Court should have dismissed the application of defendant under S.11 of the Suits Valuation Act, 1887---Defendants contended that the Appellate Court wrongly returned the appeal on the ground of lack of jurisdiction---Validity---Wrong valuation of suit did not cause any prejudice to the defendants who remained silent spectator for seven years without explaining the delay---Having framed the additional issue, Appellate Court was obligated to determine whether the additional issue required further evidence or not---Where evidence on record was sufficient ,for Appellate Court to pronounce , O.XLI, R.24, C.P.C., empowered Appellate Court to finally determine the suit, notwithstanding that the of the court from whose decree the appeal had been preferred had proceeded wholly upon some grounds other than that on which the Appellate Court proceeded---Provisions of O.XLI, R.24, C.P.C. were meant to reduce the prolongation, of the agony of the parties---Order of remand could reopen another chain of litigation entailing unnecessary expense of parties and delay in disposal of cases---Order of the Appellate Court was self-contradictory in that the court on the one hand framed the issue directing the Trial Court to determine the same while on the other hand returned the appeals to appellants for want of jurisdiction---Where a forum lacked jurisdiction, such forum could not pass any other order except order of return of the plaint/appeal---Impugned order/ was set aside---Case was remanded to Appellate Court…

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