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The following is a case where the Supreme Court remanded a civil matter to the High Court, twice, having more or less the same issue.
A suit was filed in 1990, which was decreed in 1997 and such decree was upheld by the district court. The second appeal reached the HC in 2001, which the HC,in 2002, dismissed on the ground of a compromise being arrived at between the parties. One of the defendants then approached the apex court when his application for revival of the appeal, on the ground that the compromise is not binding him, was dismissed by the HC.
In 2003, the apex court remitted the matter to the HC for fresh consideration after observing that the HC did not inquire whether the parties had actually entered any compromise or not. The appeal was again assailed before the SC when the HC dismissed the second appeal after examining it on the basis of its merit.
The bench, comprising of Justice Abhay Manohar Sapre and Justice S Abdul Nazeer, observed that according to the previous order, it was clear that the apex court remanded the matter to the HC so that it can be decided afresh, in accordance to the law, incorporating the question of consideration of the compromise petition. Thus, it was implied that the question of the compromise was to be considered first, followed by the need to decide the second appeal on merits.
The bench then explained further:
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