Supreme Court of India
Nemai Chandra Dey (dead) through Lrs. v. Prasanta Chandra (dead) through Lrs. & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the interest of justice do require a remand to the first appellate Court in the nature of the order which has been passed by the Courts. (15) Accordingly, the impugned judgments will stand set aside.
Judgment, page 8
From the headnote
Civil Procedure Code, 1908 – Or. XLI, r. 31 – Duty of first Appellate Court – Reappreciation of evidence – Cons ideration of arguments and arriving at findings – Suit was filed by the plaintiff (wife of the uncle of the first defendant) seeking inter alia declaration of two documents i.e. gift deeds as void – Trial Court came to the conclusion that the plaintiff was a pardahnashin la dy and the character of the document was not brought to the no tice of the plaintiff – Gift deeds were declared void – Trial Court decre ed the suit – First Appellate Court dismissed the appeal w ithout
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