In Brief
J. Balaji Singh filed a civil suit for declaration of title and permanent injunction. The Trial Court dismissed the suit. The first Appellate Court allowed the plaintiff's application to adduce additional evidence under Order 41 Rule 27 of the CPC and remanded the case for fresh trial. The High Court, hearing the defendants' appeal, re-examined the case on merits and restored the Trial Court's judgment. The Supreme Court held that the High Court exceeded its jurisdiction: when examining the legality of a remand order under Order 43 Rule 1(u), it can only examine legality, not decide on merits. The Court allowed the appeal, restored the first Appellate Court's remand order, and directed the Trial Court to redecide the suit within six months.",
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