Madhya Pradesh High Court|Thursday, 19 February 2026
MPHC Upholds Remand Order in Rajesh vs Ramkuwnar Recovery Suit
Civil Appeal No. 20/2025
Civil
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Quick Answer
MPHC Upholds Remand Order in Rajesh vs Ramkuwnar Recovery Suit (2026) held that The Appellate Court has the authority to remand a case for fresh trial if the issue framing is found to be defective.
Summary
The case involves a Miscellaneous Appeal filed by Rajesh and others against a remand order from the Appellate Court, which directed the trial court to reframe issues and rehear the case regarding a recovery suit for Rs. 10,00,000. The Appellate Court found that the original issue framing was defective, necessitating a fresh trial. The High Court upheld the Appellate Court's decision, stating that no illegality was committed in remanding the case for proper issue framing and hearing.
Key Holdings
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