In Brief
The plaintiff sued for a declaration of title to a property and an injunction. The Trial Court dismissed the suit. On first appeal, the Additional District Judge allowed the plaintiff to file additional evidence under Order 41 Rule 27 of the Code of Civil Procedure and remanded the case to the Trial Court for a fresh decision. The High Court reversed this order and restored the Trial Court's dismissal. The Supreme Court held that the High Court had acted beyond its limited jurisdiction under Order 43 Rule 1(u) by deciding the merits instead of merely examining the legality of the remand order. The Court allowed the appeal, restored the first appellate court's order, and remanded the matter to the Trial Court to decide afresh within six months with all evidence before it."
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