The Appellate Court is empowered in terms of Rule 20 of Order XLI that any person who was a party to the suit in the Court from whose decree the appeal is preferred, but who has not becn made a party to the appeal, is interested in the result of the appeal, the Court may adjourn the hearing to a futur date and direct that such person shall be made as respondent in the proceedings.
Even otherwise, the Appellate Court in terms of Rule 33 of Order XLI of the CPC enjoys all the powers as may bc possessed or exercised by the Court from which the appeal has originated except for imposing cost. In view of such enabling provision and jurisdiction of the appellate Court, such jurisdiction and powers may also be exercised, within the bounds prescribed by law, by the Revisional Court i.e. the High Court in the matter in hand. Invariably, the remand order should not have been made by the revisional Court in all the cases.
C.P.3923/2016
Hazrat Bilal (decd.) through LRs & others v. Mst. Spogmai and others
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