Bombay HC: The Appellate court should remand the case if the trial court has given a finding on title over suit property without framing issue on that point

 In this suit though specific averment is made in plaint about title and the same has been refuted by defendant, no specific issue in that regard is framed by Trial Court. Similarly, as the question of fact and law relating to title is involved, it was not proper for First Appellate Court to record findings thereon for first time. This would have resulted into loss of the opportunity of first appeal to aggrieved party. {Para 13}.

 IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Appeal From Order Nos. 24, 22 of 2022, Civil Application Nos. 6863 and 12966 of 2022

Decided On: 10.04.2023

Laxmibai Vs. Sandeep

Hon'ble Judges/Coram:

R.M. Joshi, J.

Citation:  MANU/MH/1396/2023.

Read full Judgment here: Click here.

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