Madhya Pradesh High Court
Ram Singh Meena vs Harprasad Meena on 25 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:26521
1 MA-437-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 25th OF MARCH, 2026
MISC. APPEAL No. 437 of 2024
RAM SINGH MEENA
Versus
HARPRASAD MEENA AND OTHERS
Appearance:
Shri Siddharth Gulatee - Senior Advocate with Shri Somesh Rai, Advocate for the
appellant.
Shri Neeraj Dubey - Advocate for the respondents No.1 and 2/plaintiffs.
ORDER
Appellant has filed this appeal under Order 43 Rule 1(u) of the Code
of Civil Procedure being aggrieved by the judgment dated 30.11.2023 passed
by the First District Judge Narmadapuram in RCA No.75/2022.
2. The brief facts of the matter are that the plaintiff has filed the suit
seeking the relief of declaration, permanent injunction and possession. The
trial court on the basis of the pleadings of the parties framed the issues and
recorded the evidence. Thereafter, vide judgment and decree dated 20.9.22,
the trial court dismissed the suit. Being aggrieved by the judgement and
decree passed by the trial court the respondent preferred an appeal before the
First appellate court. The First appellate court however vide impugned
judgment and decree dated 30.11.23, allowed the appeal and reversed
the judgment and decree passed by the trial court.
3. Learned counsel for the appellant submitted that the First
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 17-04-2026
15:46:01
NEUTRAL CITATION NO. 2026:MPHC-JBP:26521
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appellate court failed to appreciate the oral and documentary evidence in its
correct perspective which has resulted in the perverse finding and
consequent impugned judgment and decree. That, while reversing the
judgment and decree of the trial court the First appellate court has failed to
meet the reasonings on which the same was based.
4. It has been submitted on behalf of the appellant that the First
Appellate Court, in paragraph 25 of its judgment, concluded that the
plaintiffs had sought reliefs of declaration of title, possession, and permanent
injunction, and therefore, the suit was maintainable. Further, in paragraph 26
of the judgment, it was observed that, from the averments made in the plaint,
it appears that a sale agreement was executed on 18.07.2006 between the
plaintiffs and the defendant, under which the sale deed was to be executed on
31st December, 2006. However, the defendant failed to do so, and
consequently, the said agreement stood cancelled. Similarly, in paragraph 27
of the judgment, it was concluded that, in view of the aforesaid findings, it
was not necessary for the plaintiff to seek any further relief by way of a
separate declaration regarding the rescission of the sale agreement through
the plaint.
5. In view of the above facts, it has been argued that the observations
made by the First Appellate Court may prejudice the trial court and may
result in a decision against the appellant. In such circumstances, it is prayed
that the trial court be directed to decide the case strictly on its own merits,
after recording evidence from both parties and affording them an opportunity
of hearing, without being influenced by the conclusions reached by the First
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Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 17-04-2026
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Appellate Court.
6. The arguments advanced by both parties have been duly
considered. In this context, the principle laid down by the Hon’ble Supreme
Court in J. Balaji Singh v. Diwakar Cole & Ors. , (2017) 14 SCC 207 , is
relevant. Paragraphs 16 and 17 thereof are reproduced hereinbelow:
“16. In our considered view, the only error which the
first Appellate Court committed was that it went on to
record the findings on merits. In our view, it was not
necessary to do so while passing the order of remand.
The reason is that once the first Appellate Court formed
an opinion to remand the case, it was required to give
reasons in support of the remand order as to why the
remand is called for in the case. Indeed, the remand was
made only to enable the trial court to decide the case on
merits. Therefore, there was no need to discuss much
less record findings on several issues on merits. It was
totally uncalled for.
17. So far as the impugned order is concerned, the High
Court, in our view, committed jurisdictional error when
it also again examined the case on merits and set aside
the judgment of the first appellate court and restored the
judgment of the trial court. The High Court, in our
opinion, should not have done this for the simple reason
that it was only examining the legality of the remand
order in an appeal filed under Order 43 Rule 1(u) of the
Code. Indeed, once the High Court came to a
conclusion that the remand order was bad in law, then it
could only remand the case to the first appellate court
with a direction to decide the first appeal on merits.”
7. In light of the law laid down by the Supreme Court in J. Balaji
(supra), the parties are permitted to lead oral evidence in support of the
additional documentary evidence. The Trial Court shall thereafter decide the
suit afresh, strictly on the basis of the evidence on record and in accordance
with law, without being influenced by any observations made by the First
Appellate Court or this Court. The Trial Court shall ensure disposal of the
suit within a period of nine (9) months from the date of receipt of a copy of
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Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 17-04-2026
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this order along with the record.
8. With the aforesaid observations, the appeal stands disposed of. The
parties are directed to appear before the Trial Court on 23.06.2026.
9. The Registry is directed to send the record back to the Trial Court
along with a copy of this order forthwith.
10. All pending applications, if any, shall stand disposed of.
(RATNESH CHANDRA SINGH BISEN)
JUDGE
RC
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 17-04-2026
15:46:01
