The Supreme Court in Syeda Rahimunnisa vs. Malan Bi (Dead) by L.Rs. & Anr. Etc., has held that the high court, while hearing a second appeal, has no jurisdiction to remand a case to the trial court, especially when no party to the appeal raised this ground before the first appellate court or/and the high court as to why the remand of the case to the trial court is called for and nor there was any finding recorded on this question by the first appellate court.
Article referred: http://www.livelaw.in/hc-cant-remand-cases-either-party-doesnt-seek-sc/
Article referred: http://www.livelaw.in/hc-cant-remand-cases-either-party-doesnt-seek-sc/
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