SHRI KESHAV SAGAR DHARMSHALA PAVTA VS BANSIDHAR SAINI
- Court
- Rajasthan High Court
- Bench
- Jaipur
- Date
- 25 May 2026
- Citation / case number
- CMA / 1388 / 2018
Summary
Appellant sought to set aside the remand order and have the First Appellate Court decide the appeal on merits. HELD- The blanket remand was illegal because no ground under Order XLI Rules 23 or 23-A CPC was established. The First Appellate Court had to decide the appeal on the evidence under Rule 24, or seek a finding on Issue No. 3 alone under Rule 25. Remand set aside; appeal allowed and restored for decision on merits, preferably within six months.
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