When trial Court has jurisdiction to go into all the issues after remand of case?

 The above noted grievance of the petitioner, as it appears, is on a misconception and understanding the scope of the remand order. When the suit has been remanded to the trial Court for a fresh decision, the trial Court has jurisdiction to go into all the issues and at that stage he has also jurisdiction to go into the valuation of the suit and the matter relating to sufficiency or insufficiency of the Court-fee paid. Therefore, the act of the learned Civil Judge is found neither to be illegal nor unjust or improper. Hence, on the basis of such misconception and misunderstanding of the petitioner, his grievance is devoid of merit to be considered.

Orissa High Court

Purandar Pradhan vs Gati Pradhan And 3 Ors. on 11 December, 2003

Equivalent citations: 97 (2004) CLT 65, 2004 I OLR 56,AIR 2004 NOC411 orissa

Bench: P Tripathy

2. This application under Section 24, C.P.C. has been filed for transfer of the Title Suit No. 11 of 1994 from the Court of Civil Judge (Jr. Division), Phulbani to any other Court at Phulbani precisedly on the ground that after remand of the case as per the judgment dated 13.8.2002 in Title Appeal No. 6 of 1998 the trial Court in course of recording further evidence ascertained from the plaintiff about the valuation of the subject matter of dispute. Grievance of the petitioner is that when the suit was remanded on specific issues, the trial Court has no business to go into the question of valuation.

3. On perusal of the judgment in Title Appeal No. 6 of 1998 (Annexure-2), it is seen that the judgment and decree of the trial Court was set aside and the suit was remanded for fresh disposal according to law. tn that judgment not only the appellate Court made observation relating to certain issues but also directed to decide the question on the issue of adverse possession.

4. The above noted grievance of the petitioner, as it appears, is on a misconception and understanding the scope of the remand order. When the suit has been remanded to the trial Court for a fresh decision, the trial Court has jurisdiction to go into all the issues and at that stage he has also jurisdiction to go into the valuation of the suit and the matter relating to sufficiency or insufficiency of the Court-fee paid. Therefore, the act of the learned Civil Judge is found neither to be illegal nor unjust or improper. Hence, on the basis of such misconception and misunderstanding of the petitioner, his grievance is devoid of merit to be considered.

5. Accordingly, the application under Section 24, C.P.C. is rejected and the T.R.P.C. is dismissed.

Intimate the Court below.

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