Manmohan Singh vs Bimla Sardar Munda & Anr
2024 Latest Caselaw 10459 Jhar

Jharkhand High Court

Manmohan Singh vs Bimla Sardar Munda & Anr on 18 November, 2024

Author: Subhash Chand

Bench: Subhash Chand

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               M.A. No.231 of 2022

          Manmohan Singh                                 .....   ... Appellant
                                   Versus
          Bimla Sardar Munda & Anr.                   .... .... Respondents
                                --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

------

For the Appellant : Mr. Rohitashya Roy, Advocate Mr. Oishi Das, Advocate Mr. Amartya Choubey, Advocate For the Res. No.1 : Mr. Vivek Kumar Rai, Advocate

--------

th 07/18 November, 2024 Learned counsel for the appellant and learned counsel for the respondent no.1 are present but no one appears on behalf of the respondent no.2 despite service of notice to her.

Vide order dated 11th November, 2024, the appellant was directed to show how this miscellaneous appeal is maintainable against the impugned judgment.

Learned counsel for the appellant has submitted that by way of impugned judgment, the learned appellate court has remanded the appeal directing the learned trial court to decide all the issues by passing reasoned order and against this impugned judgment, this miscellaneous appeal is maintainable in view of Order XLIII Rule (1)(u) of the CPC which provides that an order under Rule 23 or Rule 23(A) of Order XLI remanding a case, where an appeal would lie from the decree of appellate court.

In view of the submissions made by the learned counsel for the appellant, this Court is of the view that this miscellaneous appeal is maintainable against the impugned judgment.

Learned counsel for the respondent no.1 has submitted that he has not been served with copy of the memo of appeal and learned counsel for the appellant may be directed to supply the same upon him.

In view of submission made by the learned counsel for the respondent no.1, the learned counsel for the appellant is directed to furnish the copy of memo of appeal and other relevant documents upon the learned counsel for the respondent no.1 during course of the day.

List this appeal for hearing on 25th November, 2024.

(Subhash Chand, J.)

Rohit