Topic

Appellate Court Powers

2 articlesLatest July 2026
CPC Order XLI Rule 24 | Appellate Courts Cannot Remand Partition Suits for Commissioner Appointment Without Justifying Why Merits Cannot Be Decided : Bombay HC
Case Law Analysis
|Bombay High Court

CPC Order XLI Rule 24 | Appellate Courts Cannot Remand Partition Suits for Commissioner Appointment Without Justifying Why Merits Cannot Be Decided : Bombay HC

The Bombay High Court has ruled that appellate courts must not routinely remand property disputes to trial courts for commissioner appointments under CPC Order XLI Rule 24 unless they explicitly explain why the appellate record is insufficient to decide the merits. This sets a binding standard against procedural evasion in partition cases, protecting litigants from unnecessary delays and cost escalation.