SMT. BACHAHAN DEVI & ANR. versus NAGAR NIGAM, GORAKHPUR & ANR.

SMT. BACHAHAN DEVI & ANR. versus NAGAR NIGAM, GORAKHPUR & ANR.

The appellate court has discretion under Order 41 Rule 25 CPC to refer issues to the trial court ('may'), but when such referral occurs, the trial court is bound to take additional evidence and return findings ('shall'). The High Court correctly allowed the appeal and did not err in its interpretation.

Parties
Appellant: Smt. Bachahan Devi; Respondent: Nagar Nigam, Gorakhpur
Jurisdiction
India
Judgment Date
05 February 2008
Procedural Posture
Civil Appeal / Final Judgment on Appeal Against High Court Order
Outcome
Appeal dismissed
Legal Topics
Appellate Procedure, Remand Orders, Auxiliary Verbs in Statutes, Order 41 Rule 25 CPC
Civil Procedure Interpretation of Statutes Appellate Procedure Remand Orders Auxiliary Verbs in Statutes Order 41 Rule 25 CPC

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Smt. Bachahan Devi

Appellant

Nagar Nigam, Gorakhpur

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal Against High Court Order

Legal Issues

  1. 1 Whether the appellate court's use of 'may' and 'shall' in Order 41 Rule 25 CPC makes remand mandatory or discretionary
  2. 2 Whether Order 41 Rule 25 CPC is mandatory or directory in permitting appellate courts to refer issues to trial courts

Ratio Decidendi

The appellate court has discretion under Order 41 Rule 25 CPC to refer issues to the trial court ('may'), but when such referral occurs, the trial court is bound to take additional evidence and return findings ('shall'). The High Court correctly allowed the appeal and did not err in its interpretation.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Smt. Bachahan Devi and another is dismissed.
  • The Allahabad High Court's order is affirmed.