- Code of Civil Procedure, 1908–Order 41, Rule 23–Scope of remand in
terms of Rule 23 of Order 41 are extremely limited and the provision is inapplicable
because the suit in question had not been disposed of on a preliminary point. - Code of Civil Procedure, 1908–Order 41, Rules 23, 23A & 24–Scope– Merely because the High Court could not reach a conclusion on the preponderance
of probabilities, the evidence on record could not have been treated as insufficient so as to not pronounce the judgment in terms of Rule 24. - Code of Civil Procedure, 1908–Order 41, Rules 23 & 23A–Remand of the case–Justification–High Court did not advert the findings of the trial Court pertaining to the present case and has not specified how the findings recorded by the trial Court were unsustainable and unjustified–Narration of few circumstances leaning in favor of the plaintiff and then a few other circumstances which favor the genuineness of the sale in question and, thereafter, the observation that the evidence necessary for a proper determination of the suit had not been brought on record, and that the evidence on record was insufficient to arrive at a proper finding in favor or against the sale deed in question–It was also not referred that as to why at all those findings of the trial Court were not to be sustained or the decree was required to be reversed– Remand was not justified.
