Ramdulare (Deid) Through Lrs ... vs Lallu Nai
2023 Latest Caselaw 1994 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR MA No. 6391 of 2022 (RAMDULARE (DEID) THROUGH LRS RAMMILLAN SEN AND OTHERS Vs LALLU NAI)

Dated : 03-02-2023 Shri Umesh Shrivastava - Advocate for appellants.

Appellants have filed this Miscellaneous Appeal under Order 43 Rule 1(w) of Code of Civil Procedure, against the order passed in regular Civil Appeal No.100114/2016, by the learned Second District Judge Mauganj, Rewa.

The impugned judgment is in two parts. One which was pronounced on

25.7.2022, whereby, matter was remanded to the trial Court for framing of the above issues and provide fair amount of opportunities to both the parties to lead evidence in respect of the aforesaid issues and once evidence is led for the parties or the parties offered to adduce no evidence despite affording sufficient amount of opportunities, then parties be heard on the aforesaid issue only. The findings on the aforesaid issue be made without getting influenced by this order or the conclusion of the then learned trial Court given in the present impugned judgment and after giving notice to the parties, the records along with the findings be sent to the Court for further proceedings.

Second part of the order starts with date 5.11.2022, wherein, it is mentioned that in continuation to the judgment dated 25.7.2022 and the findings recorded by the learned trial Court in its order dated 26.9.2022, in respect of issues No. 4 and 4-A final judgment was pronounced.

Now learned counsel for the appellants on an office objection which provides that appellants should have filed Second Appeal as provided under Signature Not Verified SAN

Section 100 CPC, submits that even after passing of the final judgment and Digitally signed by ASHWANI PRAJAPATI Date: 2023.02.03 18:12:37 IST

decree, it is within the rights of the appellant to assail order dated 25.7.2022,

with an application for condonation of delay.

This Court has some reservations. On this aspect, let appellants bring upto date case law on this aspect that even after passing of the final judgment and decree, initial partial remand order when not challenged at an appropriate time can be challenged subsequently, for which Shri Shrivastava, prays for and is granted three weeks' time to do the needful.

List this case in the week commencing 27.02.2023.

(VIVEK AGARWAL) JUDGE

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2023.02.03 18:12:37 IST