Welcome back to this first life event in SC3x, Supply Chain Dynamics. Mary Long is here with me to I'm happy to discuss and answer your questions. So let's start, Mary, with Charles Arnold, one of our students. First of all, he said, hi, Mary, it is a tremendous opportunity to have you here today. So let us really, really appreciate to have you with us today. So our question is, do you have input in a store placement as it is related to supply chain efficiency or just work with the locations given? I guess that this question is related to how do you decide where to manufacture and where to store all of the products at temples, I guess is this question. And how much influence maybe supply chain has over those store locations was one way I interpreted this as well. So the supply chain at Domino's, those centers are pre-located and the stores have locations. What's interesting about this question, this really great question, is that supply chain did have influence in where new stores were built. Not tremendous influence because when you think of all the dynamics that go into choosing where to locate a store, if the very best location would be in the center more of a small town square type of thing where there's a lot of foot traffic or even just a lot of buzz and a lot of people, that might from a branding perspective and from servicing if there are schools nearby, like if you're near a university, that's gonna be a great location. It might be very difficult to deliver with a truck to that location and unload ingredients and get them into the store. So the broader perspective of the sales value, potential sales drivers of a store are a priority. The location and the lease rate are important to the franchisee because they're the ones who are paying that money. So they weigh that. And then, but where supply chain weighed in is we would identify stores where that proposal for that location, it would be unsafe to deliver. It was that it would require the driver because of some restricted access. It would require the driver to walk like literally like almost a quarter mile for every cart delivery, which would be crazy hard on that person to do that repetitively. And then there were other things related to the truck access. There was one location that, it would require like the truck to back up an inordinate amount of distance that would be an unsafe line of sight. So there were locations where we could mitigate that risk by working with franchisee in the store to some, in some cases, they negotiated with the landlord to provide different egress, like a different access. So I found it fascinating. Like I love this question because obviously you could tell, I could talk about this for like an hour. It's awesome. So it links. Also connect with the network design models. How did you see, which difference did you see in terms of in Campbell's and Domino's, how they deal with the supply chain network design modeling by itself? Any difference or difference? Definitely, a ton of difference in the approaches, the systems that they used, the different constraints, you know, in a more contained system like Domino's then also the insights you can act differently on it because you could influence more of the decisions where Campbell's can't tell Walmart where to locate their stores. So, you know, it's that whole difference. Yeah, perfect. So let's go Param. Param asked the following question. How does Domino's manage the pizza delivery timelines considering disruptions and traffic even during peak demand periods? So I'm going to focus. I think that the intent of this I'll interpret as focused on the delivery of the truck of all those ingredients to the store, not the individual pizza delivery because that wasn't part of supply chain. So when we plotted out the routing for the delivery of the truck getting to the stores, this is really a complicated problem, right? And everything that you bring up in this question are overlays to it. So there are some locations in the United States where there's noise abatement. And so having a reefer truck running during certain hours, you know, is not allowed. There are locations in Manhattan and New York where, you know, anytime you would be parking a truck to make a delivery, you'd be ticketed unless you somehow lucked out that you actually got a spot, which would be rare. And so it's planning those routes to be the most efficient they can and get to the stores when it's the least disruptive to traffic. So we thought it was kind of funny in supply chain for Domino's when the brand team wanted to label the trucks, you know, to have the beautiful, they have beautiful billboards on them for Domino's. And from a geeky supply chain standpoint, we were like, well, you know, it's kind of a waste of money because they're driving at night. And like not a lot of people are really gonna see it, but I do always love seeing them now when I'm driving and stuff. So it's really fun to see them in the daytime and go, okay, well, there's one that's good. Definitely. There is a question from Heybert and I like this question. He said, we spend a lot of time and energy to work with optimization algorithms. And this is true. If you supply chain design, we spend a lot of time and explain the linear programming mixing into linear programming models and they apply to some problems that we propose to them. So they spend a lot of time with these optimization network design models. So his question is, could you please talk a little bit about the way you saw these optimization tools used in practice? Okay. They are definitely used and it's more probably the discipline of the thought behind it and the sequencing of how you're going through those problems, right? So you're universally for every, for many supply chain challenges, you're looking at constraints. Like what are my constraints? What is my demand? Where is my demand?  And then it's prediction of how much is my demand? How much will it grow in these different locations? And then it's timing, like how much time do I have and how can I lower the cost of arrival and the service? What are my service goals? I, in another world, I would have started with service first. I didn't because in over five years at Domino's, service is a given.  So like I don't, I didn't say that first, but so they're definitely your, all the hard work you're putting into understanding optimization and really work on those problems. It's really valuable long term for how you approach problem solving. I will frankly say though, that the minute outcomes of optimization in the modeling that I've done, it can maybe be this frustrating transition that when you're in the real world with companies, they don't act optimally, right? So I actually just had a person who was keynote speaking, I'm from San Diego, University of San Diego. So brewery, craft brewing is a big thing in San Diego. And they presented and talked about how they did all this network modeling and it told them to locate the next manufacturing center in a certain part of the country on the East Coast. And they looked at it and said, you know, we're not gonna do that. And they chose to locate like 400 miles away from that because of many other things that are hard to model. Like they modeled the vibrancy of the commitment to the community because craft brewing is so about connection to people there who really care. Like so they had all these other that would be very hard to model in tangibles that led them to say, the model would say from an optimization standpoint, like any model would say, you should be located in New Jersey if you're trying to serve the population in the East Coast. But New Jersey might not be the best place to put a plant, you know, and I'm not saying New Jersey was there. But like that's the thing, you trade off this balance. And I would say that sometimes what I saw over my career is some people struggled with that because that's a very people thing. And it doesn't seem a quant and then it seems wrong. Like, well, the facts say do this, I would say my learning has been, you know what? Like these have equal weight. It's, I have seen over 25 years that that value on the people aspect of things does carry. There were good decisions made that took a model and said, you know, okay, well, we understand that but we'll do this instead. I have seen a play out in a positive way. Yeah, and I fully agree with you. The model is always a simplification of the reality. We need to take this in mind, but at the same time allows us to play with the different parameters and values and see the effect on the solution. So sometimes it's helpful maybe not to implement directly the solution, but helps to go through the, at least the right solution. So yeah. From Teresa, you mentioned the bulwit effect while working on Campbell. How did you manage this? Well, I don't know that anyone can manage that like always effectively because you're chasing, right? Like the nature of that is that you're kind of the effect of the bulwit. To preempt it in that model was really hard because it was an industry model of promotion and new item launch. So there were mitigating things we did that did work to bring that closer and to help the customer and the brand team and supply chains on both sides, the customer supply chain and our supply chain be more aligned around what would be the effect of this launch. So those would be the mitigating things that the conversation and the pre-planning helped to streamline that. Perfect. From Dan, he said how to match sales and marketing department objectives with supply chain management end-to-end process. For example, who defines locations or customer relationship management strategy? Okay. I'll use Domino's as the example there. It can apply as well with Campbell's, but Domino's is probably an easier one for people to understand. So when you think about that, I ran a division at Domino's called Global Equipment and Supply.  But we didn't own the design of the uniform gear like that team members would wear just ourselves from a supply chain perspective because if we did, we might go for the lowest cost or the most sufficient to source. We wouldn't consider other things. So the way we worked it is there is a brand like marketing, they have a seat at the table, an important voice in the process. They choose, I'll put it simply and give you an example. They would choose everything related to color and to the position of the logo, to the size of the logo. Everything about that, that's brand's call. Once brand has a vision for what they want that to look like, then store operations in Domino's world would control those other decisions about, well, the material, like how breathable is it? How lightweight, how long should the shirts be? Are they tucked into, are their pockets? Like all the things that functionally, a team member in the store might be impacted by that decision and that applied to equipment too. Like how heavy would appeal be? How, what's the size of the handle? Like all those things then store operations weighs in on. And then we as supply chain people, we source. We find the manufacturers or suppliers of those items and then we bring brand store operations and supply chain together again to look at things in practice. So we designed, did it come out the way we thought? And then, okay, how should we scale it? How will we launch this? Perfect. The last question is related to the suppliers and how to deal with the suppliers. These learners said, how involved in supply chain decisions about the supplier of ingredients for the food products at Campbell's and Domino's? I mean, this huge area for supply chain and a big source of competitive advantage if you can work with suppliers on the total cost of ownership, the total delivered cost for items, you're driving a unique value to your supply chain. And so the suppliers are the critical element to that and your strategy relative to them. So if you have supply or if you have needs it's easier to focus on specific. So let's take ingredients across the board. If you're analyzing your ingredients and you're saying, wow, we're using all these similar ingredients across these different recipes, we could consolidate the need for ingredients and leverage our spend. So that's a dual problem. It helps you lower the delivered cost in terms of who you would be partnering with to get the deliveries and everything. But it also helps you to work with the supplier on the quality and the tightness of their performance relative to a spec. If you're doing that against a few suppliers versus many. So hopefully that answered that question. I mean, there's so much there too. That's like a whole nother course probably. We have also many more questions but I think we need to end the event here. Thank you so much, Manny, for sharing your knowledge with our SCX learners that we really, really appreciate your time, your experience and bring this reality to our course. Thank you so much. Yes, see you in the second life event. Thank you so much for attending this event. Good luck with everything and those that want to pursue for the certificate or want to attend to the next life event, please verify as soon as possible and in any case, no later than the end of January. Thanks to all. Bye.


And there you go. We were one mix short. That just pried out with the pickaxe too, so almost every brick just like came loose as soon as it fell, so Good Thursday, 29th of Feb morning This is going to stay like that for another four years, 29th of Feb. This is today's job We're going to help that It wasn't going to give much help Skip through here. So yeah, basically that's coming down. We're digging a new foundation Copy that wall there So this is a one two three fourth wall on here now Yeah, obviously we're going to do it in there double skin as well And we're going to cut this back straight Where they've tied into it And cut that down straight And there we've put a couple of screw ties into that Yeah, that's the plan We better break these stones back first mate. Yeah That was hard Alex straight into it Yeah, but since my mark's too good Christine's really bad at the moment Alex's fully got it a bit, not as bad, but I think you'd rather be at home But you like the demo days don't you? Oh, it's nice. No So yeah, that's it. We'll get the tools out and then Get to this new job That's right. I was just looking for somewhere to put the camera on time. That's it, but I'll show you this I'd love to just drop it but we're done with damage the cave. We had enough boards We could have put the boards down. Yeah, we've only got one board because we had a bit of a rush this morning Plus if we do to pull it over it might tear that corner of that wall. So yeah need to be careful with that Yeah, let's get some power tools out Yeah, we can show you some new toys as well. Yeah some new toys You can't see much at the moment We have a proper trolley for the breaker So it's got somewhere to live with its chisels so we can't forget them anymore The battery's strapped from the back as well and we have a supercharger for the MX Which is gonna be a big help What else we got Yeah, and the SDS max We've got in we've got a circular saw which came with another 12 amp power battery The new six amp power forged batteries Which are the brand-new ones. They just brought out which are the same the six amp power same power as the 12 amp power but a lot smaller a lot more compact So I've got them to give it go as well Let's get set up then Well, that was a bit too easy There you go, it's a it's it out almost to the bottom Just enough yeah, and what do you know we've left the bar at home So dad's gonna go and get the bar. I'll go move all this into the skip and start Chipping away at the bottom courses Until he gets back On that wall I forgot to order the bricks I only ordered enough bricks for half the wall Today we've been messing around the van Swapping over and I forgot the wheelbarrow We've even got a gorilla truck to move it back as well to the skip We could do it without Imagine digging a space from walking back as well to the skip Yeah Well, there you go That's most of the wall in there Excuse me. I'm a Overheating and cooking and dying over here But um Yeah, that was a bit too easy. I think if that wall was here much longer That would have been falling on somebody. He saw how I didn't even need to push my foot to knock that over But yeah Mortars just crumbling apart Almost if almost every brick just like came loose as soon as it fell so Obviously some of it stayed in put but now was that was very ready for falling So yeah, now that I've got that I'm just gonna try and find any bricks underneath the ground now See if there's a foundation And then while dad's still out I'll try and maybe start digging a bit of a Bit of a trench And see where we go from there Yeah, there we go We'll catch you in a bit It's just a guesstimate because I don't have a tape measure on me, but That's just a little rough Idea so we know where we're digging It may have to be a bit bigger just because it's double skin. So I'm gonna have to make that a bit bigger, but that's fine It's just so I know what I'm looking for the concrete I know you don't need a massive foundation for doing walls, but That's a little bit air That's a bit air Not enough That just pried out with the pickaxe too so That's not gonna be hard once I find an open end for this concrete. It's just gonna pry out so Like I keep saying it's bad in practice, but it makes the job all the more easy for us. So Because for me, that's one reason why I love Brooklyn and all that because I know that I've turned this into something that's more safer more structurally sound just nicer because That was abysmal But yeah, the dig is uh, not going too bad. Like I say it just needs to get an open end for this concrete Which I'll get in a minute because it looks like it's stepped in a weird way. I think it's obviously It goes down that way. So if you need bricks that side just concrete this side, I'll figure something out. Dad will hopefully be back soon until then I'll keep cracking and uh Give you an update when I can well the concrete Is coming out much easier than we thought That's just prying out with the bar. We're not even gonna use a power tool yet I'm just giving that a few stabs with the bar and it's coming out. No problem Because we were very excited to debut our Our new little fancy little stand for our our breaker Yeah, now we don't Go to jobs and forget the muddy chisels The chisels live with it. Forget the chisels you know And now that we have everything on site, we don't need it The wall spring comes in to need the big stuff This spring loaded to the stand Very fancy And straps keep it in place. There's a spike there, isn't it? So sit it on. Yeah, and then to this here. It's for the battery You can't actually fit the battery charger on but um, we have an upgrade on the charger too So yeah, we got we got excited to show this off, but we can't show it off properly yet. We don't need it today Which I suppose is good. We can show off the new 12 ompire batteries and the forge batteries now because we're using the Max Yes Even the smaller breaker is a bit overpowered for this job That's the foot and that's a big bit of footing actually. So I just got the tip on it That's it go in the garden edge of it and pop it out that way big bit, which still didn't need any banging to get it out It's like that the whole way across So we could have done this in our caveman days Yeah So what was wrong here the the reeds are growing in the first course and pushed it over Basically, yeah all this thin layer of roots. Yeah, showing the weed membrane that stops. We're stopping things growing through it. It's completely Taking over with roots in it So what it did was The course above the concrete It just like formed like a damp course layer almost. Yeah, so obviously it was not Stuck to anything. No, so it was just it basically pried itself off hence a little portion. It fell over That's what it was just all across the bricks We're going plenty deep and plenty wide get a nice decent concrete putting in here Yeah, get these last few out That's going to be a bit of a pain to get out the post and the the footing be a bit beneath it But I think we're coming in a bit Post is solid. Yeah, I think we're coming in a bit. So we can probably leave the concrete in for the post And concrete to it. Yeah Could have built our water It seems like actually gets thicker here It seems like it actually gets thicker here I mean wider Wow, you notice It's all cracked. It's not out. It doesn't broke it. You can see there's There's no clean breaks in it So it's it's been cracked anyway Coming out of the infection So the brake hasn't touched this So basically this putting Some chunks like that doing nothing Four inches at the thickest Yeah, that's the biggest piece we've pulled out So in pieces we have broke that up, have we? and the bit nice bit of alex's Skip stacking skills Actually that's in times. Yeah lovely job So Just so he said to me then That's the wall down and the concrete out for half 10 And that's what the man missing for around 15 minutes as well. That's him on his own The sick one. I broke a couple of bits out of the breaker. He's done all of it And he's not good. He's not well He just liked these jobs as we all do Very wet this and mucky messy as you can see Yeah, because that worked that easy for us. There's more down there It's not concrete. It's like Like sand cement. So it's supposed to be broken out More or less down to the depth now We found good clay So we're going to take that level through at that at the clay. Just about one man between us today Alice has got her Breaks of air-cold Shouldn't be in really and I've got a I don't know if I can say what I've got, but I shouldn't be in either But we have to do it I feel bad bringing him in, but I can't work on me anymore. There's no way I could do this on me own But I didn't make him come in. It's Alex's choice, so And it's not me being a mean dad making him come in Obviously he needs the money too So we're going on early dinner Trying to have a little bit of a rest and then crack on after dinner But I wish we could go home Not good But struggling really bad here Oh, I can't get over how wet this is. I don't know where all the water's coming from But that makes it a pain in the ass and makes it all messy and horrible to dig So Alex's got through to that depth so we're going to take it down probably double that depth now As soon as that's done we can start getting some concrete in there. Let's just crack on There's one poorly person He's done so well today Teamwork, but he's done all the graft As you can see we're done I'm sure that's the depth who decides to go to So we're just going to fill it up with concrete until we run out of ballast, which is Alex A load of old ballast 3% so We're going to get rid of these two bars Have a little minute recuperate ourselves and then Alex is going to bucket gauge We've left a small bucket at home, haven't we? It's full of air ballast Alex is going to bucket gauge it as we did on the last job of the porch Bucket gauge four buckets half a bag of cement to bring it round to me tip it I'm going to mix it and tip it so he's going to keep bringing it and I'm going to keep mixing it So that's our plan And it's just going to about half two hours now There are beds nearly three Two forty That's good news isn't it, when you think it's three o'clock it's actually twenty two That's always good news Unless you want to finish early Tonight we're going to go back to Sarah's drop-off the insulation that's in the van Pick up another two eight before sheets for covering the pavement up tomorrow and we start the brickwork if we're here It depends on the weather and depends how we feel But the main thing is this concrete is going to be in today And we're going to cover the trench up With the big boards That's the foundation I'll zoom in on the uh with the editing where it's that wall down there It's the one the title of the video was sacked out. He can't count It's when you're only I only I only got enough bricks delivered for a single skim wall So I've uh let me mess on that one Yeah We're pretty level. We've just followed followed the laser level So in concrete time in a bit and take some cleaning There's dead cleaning mixture out I've just cleaned all the tools off and as you just saw berries have dropped off the bricks All the reds and the blue engineer ins And there you go. We were one mix shot So we've um, we've leveled it off We've scraped it down and leveled it off. So it would be Either a block and a brick or a block in a big bed You really think concrete at the same Pulled through sort of come back to the same same dip It's actually going to be the same Yeah But that was Quite a dig.  So thank you very much for watching If you enjoyed be sure to give a thumbs up and if you're new to the channel You want to see more hit subscribe and tap on that bell That way you know when we upload it's a massive help and we appreciate the support Any additional support you want to give there's the super thanks under the video Or the paypal in deads Not necessary by any means but it's always a massive help for the channel. We really appreciate it. So this has been digging with crippled steven of sick alex and we'll see you in the next one


sewing skills series where today we're going to talk about gathering. We've already discussed pleats and we've discussed darts and so now we're moving on to gathers. And no skill can be executed well without the perfect tools. Clover will be sponsoring this entire series. If you don't know of Clover, they sell quilting supplies and a variety of sewing notions. They're the ones in the green and yellow packaging. I'm sure you've seen it before. They sent me a bunch of tools to be able to show you guys how to perform some of the skills that we are going to cover in this series. In addition to what they sent me, they also sent extras for one of you. In order to enter the giveaway, all you need to do is leave a comment on this video or any of the videos in the series. One comment per video gets you one entry for up to eight entries. Got it? I just wanted to show you a couple of examples of where you will find gathering in your sewing patterns. And maybe the more common one is when you are making a skirt or like in this case a little peplum and you gather that piece and you sew it to the bodice piece. It looks like this in the line drawings, not really a lot to go on other than you know as you can just tell it's kind of all ruffled up together there. This is another example of gathering here at the sleeve. The sleeve cap on this side is also gathered. So a few different examples in one pattern here. Another example is like in a tiered skirt like this one. This is all gathered. This is all gathered before it's attached to the main part of the skirt. But today I'm going to be working on simplicity 8789 where the gathering is occurring at the forward shoulder seam. So this is what we're going to be working on today. And don't be confused by this portion of the illustration. There's a difference between gathers and then like an elastic casing. So a casing is made here and that is what is bunching the fabric together. But here and also on the cuff those are gathers. And again here's what it looks like in the line drawings. And so I just got this copy of Threads magazine and in it flawless gathers has a method by Susan Kaley. So I'm gonna be kind of following that. I've read it thoroughly. There were some things I was already doing but also some things that she does a little bit differently. And that I really kind of appreciate the extra detail to something that's supposed to look really messy. You know what I mean? Like gathers are not supposed to be super super neat. But if you take the time they can look perfectly messy. Do you know what I'm saying? Okay so here is our pattern on our fabric. You can see I'm using that cheetah print that I didn't know what I was going to do with after I nixed it from the jumpsuit idea. But when you see a pattern piece and an area that is supposed to be gathered it will say gather in the area that is supposed to be gathered. So this is the bodice front and this is the bodice back. And what you will be able to tell from these two pieces is that the shoulder that is gathered is wider than the shoulder that is not gathered. So we're gonna be gathering between these two notches. And those two notches will eventually match up with our smaller back shoulder seam. So gathering is gonna make all of this much smaller so that it fits into the same area. And our two notches on each of the pattern pieces are what we are going to end up putting together. Okay so just how do you gather something? Like what is the the right way? So again here is our fabric and we are gonna be gathering between the two notches here. So the first step is to finish off your raw edges. We are gonna be handling and manipulating this area of the fabric a lot. So I like to say that you can just do a little zig zag stitch on your sewing machine or serger. Use your serger on the raw edge something just to make sure that these raw edges don't start to fray too too much.  We need to make those a little bit more visible and a little bit more permanent because whenever we finish off the raw edges here we're gonna lose the little snips that I put into the fabric. So I just take one of Clover's water-erasable marker pens and I'm just gonna kind of color around the notches so that I can see them really clearly whenever we go to gather this up together like so. And then after I serge the raw edges or finish them whatever way that you want. It's not really finishing it's more of just like a protecting them but I am going to sew a row of stitches at the seam line and then I'm gonna sew two more rows of stitches within the seam allowance that are equal distance apart. So if my seam allowance is 5 eighths of an inch I'll do one at 5 eighths and then I'll do one at one quarter and one half all in from the raw edge. So I have three stitches and I think one of the interesting parts about the Susan Kaylee article in threads was that she said that gathering stitches we've been taught all along that you're supposed to put your machine on the longest stitch that it has and that is your gathering stitch but she actually recommends testing out a few different ones because it may gather better at a smaller stitch length. So I'm gonna test that out a little bit on some scraps of fabric and show you what she means. Alright so here we have three scraps of fabric all gathered with different stitch lengths. So this one was gathered at a five millimeter stitch length this one's at four and this one is at three and the whole point of getting really beautiful gathers is that the area below the seam allowance is less bubbly, is a little bit more uniform and just a little bit more evenly spaced. So you can see here this is the five and kind of what that produces here's the back so you can see it definitely has like some bigger puckers if you will in it. This is the four and you can see what that is doing to the area below the seam allowance a little fewer of those puckers you can see it from the back really well how that's handling that and then here is the three and I think as you keep going down and keep testing your fabrics you want to make sure that it still is able to gather really easily and honestly I was a little bit surprised how easy it was to gather this at a three millimeter stitch length. So based on what I see here in my really kind of rough little test that I did is that I don't think I'm gonna do a five millimeter I think I'm gonna bump it down to a three point five in between these two just so I can get it to be a little bit more uniform without being too too tight so now that I know what my stitch length is I am going to actually start the process of gathering up these shoulder seams. So again I'm gonna go surge the raw edge I've got my notches marked really well with the clover water soluble pen and then I'm gonna sew gathering stitches at a three point five at five eighths of an inch from the raw edge half an inch from the raw edge and a quarter inch from the raw edge on both shoulder seams. Also whenever you are sewing your gathering stitches there are again a couple schools of thought about back stitching. Some people will not back stitch on either end for me when it's something that is this small and I want to be super super precise when I start my gathering stitches at this first notch I will back stitch there and then I'll let it run off and pull off the thread so I'll have long threads on one side that way when I pull them nice and tight I have something anchoring it over here just to make sure that they actually start where they're supposed to start. Okay so I've got one of my shoulder seams here and I've got my three long strings hanging off of one edge. Now you are going to take these strings that are on top of your seam like so and these are the ones that you're going to hold on to as you pull your fabric through the threads like so can you see it gathering up here like so and remember we're only trying to gather it so that it fits into our seam so whatever whatever that is for you whether it's a bodice or an arm side whatever it is so this seam between the notches is roughly one two three inches so we're only trying to get our gathering stitches to be three inches wide so that it will match the back shoulder seam so I've got one here one two three that's about perfect. Alright and then you want to take a pin again I really love these heart-shaped pins these are also from Clover because they are so long but you want to put it in to the fabric like so and then you want to wrap the threads around that just to hold them in place because what we're going to do now is we need to evenly distribute these gathers so they're not all like all on one side so we'll just kind of use our fingers to push them from one side to the other and then you also want to kind of tug on them vertically and this is going to help them get nice and even as well and then we are going to pretend that we have the other one done first of all but we will take this right sides up take the back of our top and place it right sides together and the raw edges should all match up like so okay so I'm going to pin this in place and then when I go to pin it I want to make sure that I'm pinning it in a way that the gathered fabric is what is touching the feed dogs the gathered fabric is what is on bottom and that will just the machine and the feed dogs will kind of just help move the gathers through the machine kind of helping them distribute a little bit but also making sure that we don't get any weird puckers and this isn't gathered a bunch this is kind of a soft gather if you will so that is not very likely but if you're doing something that has like a lot of gathering like two to one ratio or more you really want to make sure that you don't get any puckers and putting the fabric that's gathered closer to the feed dogs helps with that so I'm gonna go run this through my machine and surge the raw edges and I'll show you what it looks like when we're done so here is our seam we've got our gathered portion here matched up to the backside that is not gathered you can see they perfectly match up and you've got just a little bit of extra ease through here by way of these gathers when you go to press your fabric you want to make sure to keep your iron on this side of the seam so that you don't press them out I kind of was a little bit overzealous with my iron so some of them pressed out a little bit it was a little bit more rufflier before before I took it to the hot steam iron but nevertheless the gathers are definitely still there and they add a beautiful little detail to something like a forward shoulder seam so hopefully that helped you guys learn how to do gathers if you've done them a thousand times maybe it gave you a new tip or trick to try out next time you do gathers there you have it how to gather let me know if you guys have any questions in the comments section below down there you will also find links to the water erasable marker the thick one you will also find links to the heart-shaped pins which I can't put my hands on right now oh here they are you'll find links to the previous two videos that we did on pleats and darts lots of helpful information there so be sure to check the description box for more info but that's gonna do it for me today thank you all so much for watching and I'll see you very soon bye


Oh my goodness, this is live.  I was gonna do an intro from back here and there is a massive spider. Please, help help us. Lord, help me smite this spider. Oh my goodness, it's so big. Okay, so we're gonna be talking about the Enneagram and personality tests today and kind of a Christian perspective on them and how we can, if we are gonna use them, how we can use them wisely and keep them in check and just how these things play into our identity and just boxes and labels and all that stuff. We're gonna talk about that. But first, in order for me to really speak into these things, I should probably do it in regard to the Enneagram. So I'm gonna do the Enneagram test, find out what I am in regard to this thing and then we can talk about it. So let me do that now. Okay, so we're gonna keep going along with this video. I just took the test and it found out that I am most similar to type one, two and three. So I don't get a definitive answer on what kind of type of Enneagram, what my Enneagram number is, which is kind of frustrating. But it does give us a good point.  These kind of types, they put labels on stuff. Obviously, that's what they're for, to kind of bring categories together to help us understand a little bit more about our personality. Now, I'm not gonna go into the origin of Enneagram because I did read something about Enneagram and the roots of it weren't super great, but I'm just kind of taking it at surface level. You are kind of thinking, hey, Enneagram is kind of fun or Myers-Briggs is kind of fun. So how are we gonna approach these things? I'm a big fan of things like this. I'm actually surprised that it's taking me this onto the Enneagram because I love doing Myers-Briggs. I think it's fun when the little guy pops up and he's like, hey, you're this guy and you do this and you like this. And I'm like, yeah, I do like that. But I'm a fan of those kind of things. But I think we begin to get into a little bit of trouble when we begin to be defined or take our identity as these Enneagram types or what are Myers-Briggs type. But I guess what I've noticed for myself, for Myers-Briggs, it's like, oh, I'm supposed to be this kind of introvert. Then I shouldn't be lonely right now. So I'm thinking, oh, well, I feel kind of lonely but I really shouldn't be because I'm kind of like an introvert. So I don't really need to be around people. I'm like an inward processor. I don't need to be around people. And in that situation, I'm kind of conforming myself to whatever Myers-Briggs tells me I am or whatever Enneagram tells me I am. And people can get really obsessed with these things and maybe you're following a bunch of Instagram pages that have your Enneagram number and you're just kind of like, oh, this is great wisdom that they're throwing at me, things that I define who I am and my identity is this.  But it's also a good point to understand, look, our personalities are going to evolve and are going to change. Humans are a lot more complicated than nine Enneagram types or however many types Myers-Briggs have. We're a lot more complicated than that. And when we put ourselves in boxes and say, I'm this, I'm that, it can get us into trouble when we begin to say, wait a minute, I'm not kind of like that. I'm a little bit different than that. Or maybe I feel a little bit different. Maybe my personality isn't just constant. I feel the exact same way or react the same to every situation. There's a lot of complexity in regard to our personality and how we behave and how we think and how we process and how we deal with our emotions. So I just wanna say, if this is any kind of like freeing message for you, is if you're kind of holding to on this Enneagram type or I'm this, and Myers-Briggs or whatever personality or I'm an introvert or I'm an extrovert, so I have to act like this or I have to be like this or I have to think like this, just be free from that because we don't need to keep ourselves in those boxes and hold to those labels just because we want a group that we can identify with. Because when we take these things in as our identity, we're making a crucial mistake as Christians because we know our identity is found in Jesus and His work on the cross and Him calling us children of Him, children of God.  You know what? Embrace the personality that you have but understand that it's not constant. It's not always gonna be the exact same. You can't put yourself in these boxes and maybe these things can be somewhat helpful to let you give you a little insight into your thinking but you know what? It's gonna be a long process of you beginning to kind of understand yourself more and more and I just don't want these things to get in the way of you continue to kind of just find out who you are and not tie your identity to any type whether it be the perfectionist or the achiever or the peacemaker or the challenger or the investigator. Like it sounds like we're playing Clue. Like it's hilarious. We just can't put that much weight in these things and I know they become very popular and they're fun. I don't think there's anything innately wrong with like somebody saying, hey, you answered these questions this way. This is the kind of person that you are. Like, you know, just don't put too much weight in it. I guess is what I'm saying. Be careful and know that your identity, those, these things don't define you and your identity is found in Christ. In who he says you are, not in who Enneagram says you are. That was kind of cheese but that's okay. Well guys, that's the video. Huge shout out to my patrons on patreon.com slash daily underscore disciple.  So thank you so much for supporting our mission and if you'd like to help support these videos and the content that's going on with daily disciple ministry, please visit patreon.com slash daily underscore disciple to get access to exclusive monthly videos and you know, exclusive Patreon content with Instagram and early access to big videos. So check that stuff out and subscribe and like this video if you did. We're putting out new videos all the time, Mondays and Thursdays and leave a comment down below about what you thought about today's video, personality test, Enneagram, all that stuff and thanks for watching us and I'll see you next time. See ya. Spice gone, it's gone.  Rest in peace.


Welcome back to Kids Fun Science. My name is Ken. Today's experiment is Fizzy Lemonade Science. What you need for this experiment is baking soda, lemon juice, water, teaspoon, measuring cups, glass, and a spoon. All right. So what we have here is a really fun summertime experiment, right? So we're going to make a lemon juice fizz bomb. And the way we do that is we're going to use lemon juice or real lemons if you have them. Baking soda, two cups of water, and then you need a glass, spoon, and a measuring measuring device here. So what you do is take that, a half a cup of lemon juice, real or made up there, and you pour it into the two cups of water, and then you're going to mix it up so it's really stirred really well. Now you could add sugar if you want to make it a little bit sweeter, but you don't need to. And then what we're going to do is we're going to do a chemical reaction. What we're going to do is when we add the baking soda to the lemon juice, it's going to make a carbon dioxide gas because baking soda is an alkaline substance. And when it's combined with lemon juice, which is a citric acid, it makes a carbon dioxide gas, CO2, just like your regular sodas, right? So it's just pretty cool. So once we got this here, we're going to pour it into a cup, and then we're going to use a half a teaspoon, right? In the description I'll have a listed all the ingredients. And it's going to open up all five of your senses. You'll be able to do with this experiment, which is pretty cool. You put it in, and you can see right there the carbon dioxide gas. Here's an up close shot showing the bubbles of the baking soda and lemon juice making that chemical reaction. Right there, I could hear it, and I could smell it, right? I could smell the lemons. I could taste it, and I can also feel it, because when I was tasting it, the bubbles were coming up on there. So it's pretty cool. So that's how you make a lemonade fizz balm. And I hope you enjoyed this experiment. If you did, remember to click thumbs up and to subscribe. And to click that bell if you want to be reminded when we do our next experiment. Thanks for watching right there. So it's creating the carbon dioxide gas a little bit over, right? So be careful. And also like way down there, there's a red button to subscribe. And what about these videos? And click on these two videos at the same time. And those two videos, and these videos, and yeah.


Welcome back to Tennis Talk, my name's Cam Williams and Steph and our Sidney Pass has come out in an interview talking about the equal pay between men and women and maybe the women should play five sets at the majors in the next year seeing the men always do. This is what Steph had to say via an interview a couple of days ago. So this is what Sidney Pass had to say in an interview a couple of days ago. I don't want to be controversial or anything. There is also the topic of equal pay and everything. Women getting equal pay for playing best of three then getting equal pay for playing best of five. There are also a lot of scientists and statisticians whatever out there. I've been told that women have better endurance than men. Maybe they can also play best of five, I guess, but Grand Slam best of five I like it. On the other hand, we wouldn't have seen much more variety when it comes to different Grand Slam winners if it was best of three. I very much believe that the winners of the Grand Slams would be very different if the format was best of three in the men's. So Naomi Osaka responded to Stefanoff's comments saying does you want to play nine sets? If he tries to extend mine I'm going to extend his. I don't know. I feel like that would change the structure of tennis. Like people will start doing things differently in the gym and stuff like that. It'll probably also take a very long time to implement, but also a man is talking about a woman's sport. So I don't think his idea is going to go through. I don't want to be rude. I'm really trying to structure this in a way that's not like off-putting, but I think it's like decades of hard work. So that's what two of the superstars of the ATP and the WTA had to say, but let me know down in the comments below. So what do you think? I personally think that best of five sets in women's tennis maybe extends the Grand Slams too long. It'll have to be three weeks to cover every single match with men and women playing best of five. There's going to be some long days, but I wouldn't mind a five set final for the women, because I feel like the finals are on their own anyway. You don't have much of a time limit to final match to the tournament. Test out a five set final. I've been saying that for a few years now and I still think that would be an epic way to finish off the tournament for the ladies. I just don't think five sets for every single round would work though, because you'd have to play Grand Slams over a month and there's just not enough time to do that. But what do you think? Or do you think that the men should go down to three sets? I don't think they should go down to three sets. There's already so many changes happening to the five set matches with the tie breaks in the final set. I don't want to see three set finals in the men's. That would just ruin everything for me. We'd lose a lot of matches, but I don't mind five sets in the women's final. Let me know down in the comments below. What do you think? Should they change the format?


Good evening friends, and as and when we connect with Justice Hari Prashad, now a designated senior. We always find that his journey is always truthful. The last time we met, he had been recently designated. Now we find him in the new office, so it seems that it is not only lucky for beyond law, but it also seems to be very lucky for Justice Hari Prashad, a senior advocate. Though the topic for today is different types of demands under the CPC, but I would say that demand and demand are a common connotation. And we may not have a demand, but there's always a demand of Justice Hari Prashad for sharing his knowledge. And being a weekend, he had a tight schedule here to go in the evening as well as for tomorrow. But his dedication for the fraternity is immense and that keeps us not only him going, but also the team of Beyond Law CLC. So we wish that this office turns out the best of the legal brains and it helps in the legal empowerment of the society, not only through the YouTubes with the channels like Beyond Law CLC, but also all other platforms because we know that you're immensely popular amongst the masses as well as classes. Here I will connote masses and classes would mean the legal fraternity and legal minds and legal mindsets. Without taking further time, I would request sir to share this knowledge. Over to you sir. Thank you. Thank you my dear Vikas for the kind words. I don't know whether I deserve such an appreciation. Anyway, I'm extremely happy that you are very kind enough to acknowledge my humble attempt to do service to the legal fraternity to the extent possible at my level. Yes, good evening to all my dear friends. Now today we are going to see what are the different types of remand orders possible under the Code of Civil Procedure in 1908 and that the outset I may say that the remand of a case is not a good thing either from the perspective of a judge or from the perspective of a lawyer or from the perspective of a litigant because it will give some sort of further lease of life or prolongation of life of an old litigation. So generally the remands are considered not as a favorable thing or rather it is viewed with some sort of dislike but then there can be situations in the real life where a remand becomes inevitable in a litigation. So let us see what are the provisions relating to remand of a case from an appellate court to the lower court or to the trial court in an inevitable situation. Before going into the subject, we all know that the order of remands are passed by the appellate courts. So that takes us to another question. What do you mean by an appeal? The word appeal has been held to mean the removal of a cause from an inferior court to a superior court for the purpose of testing the soundness of the decision of the inferior court. So it is appellate court is a touchstone where the soundness of the decision of the inferior court is tested and you complain to a higher court saying that look here the trial court committed a grave error either on facts or on law or both and therefore I am agreeing. So appeal is a request to the higher court to reexamine the whole thing. That is applicable in the case of first appeal. We are concerned with the first appeal for the time being because second appeal as you know section 100 CPC says a substantial question of law should be churned out. So those are all different aspects in which we may not go in the present day because this is not our subject. So appeal is a request by a person agreed by the decision of an inferior court requesting the appellate court to look to test the soundness of the decision taken by the trial court. Then the question what is the nature of appeal? Is it a constitutional right? Is it a natural right? Is it a common law right? I will repeatedly saying in many platforms that appeal is affirmatively held to be a statutory right. If any statute in CPC defines section 96 onwards regarding the appeals from decrees and judgments and in 104 appeals from appeal from orders permitted under order 43 and section 104. So appeal normally it is only a creation of a statute and there is no inherent right or a common law right or a constitutional right to file an appeal. But in the case of a suit as all of us know, suit is a right because the first action is a right. Whether an appeal should be filed or not is to be decided with reference to the statute under which you claim the first relief. So that is also settled law. I am just refreshing your memory regarding the right of appeals. I don't think I need not burden you with decisions on these points because Platino, Catorra, Litorra of decisions are available. I don't want to burden that and all of us know who can appeal. A person agreed with a party to a suit or proceeding and they agree with the decision can file an appeal if the statute permits. Or a person, though he is not a party to the proceedings, but is adversely affected by the decree or judgment, then he can also file an appeal. But only condition is that such person should obtain the leave of the court. In the case of a party, no leave is required. First appeal is a matter of almost a right. Because first of the appellate courts jurisdiction, all of us know is quarter minutes, coextensive and quarter minutes to that of the trial. It begins at the same point, ends at the same point, powers of appellate court and trial court starts from the same point and then ends at the same point. That is why we say that it is quarter minutes and coextensive and quarter minutes. So that is clear from section 107. Subject to correction one minute please. Yes. Section 107. Subsection 2 says, subject as aforesaid the appellate court shall have the same powers and shall perform as nearly as maybe the same duties as are conferred and imposed by this court on the courts of original jurisdiction in respect of suits instituted therein. So the powers of appellate court starts from the same point where the trial court's power starts and ends at the same point where the trial court's power ends. That is the spirit in the in sections 172. Then, then regarding powers of appellate court first part of section 107 says that subject to such conditions and limitations as maybe prescribed an appellate court shall have power a to determine a case finally. So that is it is not according to me. It is not a power. It is a duty of the appellate court to determine the case finally. If everything is every every what you call evidence is brought before the court and the records are perfect. Then it is the duty of the court. It is neither it is it is actually rather than a power. It is a duty of the court to decide the case finally then be remand the case. So this is an incident of appellate power. Remanding a case is an exercise of appellate jurisdiction and see to frame issues and refer them for trial. That is called loosely it is an issue remand but actually it is only a reference of one issue for the determination we shall see those aspects later in detail. Then D to take additional evidence or to require such evidence to be taken. So generally going by CPC section 171 there are four powers conferred by the court on an appellate court. One to determine the case finally two to remand the case three to frame issues and refer them for trial and four to take additional evidence or require such evidence to be taken by a court inferior to the appellate court. Generally the trial court. So these are the four powers available to an appellate court. These introductions I'm just making for the purpose of appreciating the scope of remand orders and the nature of remand orders and also in which cases remand should be allowed because as I told you in the opening sentence in the opening this this lecture I told you that remand is causing a further delay of disposal of the case causing difficulty to litigants causing difficulties in pendency because I believe the legal fraternity and the judicial officers will be benefited by considering these points which I want to tell you right now today. So that both sides will appreciate both judicial officers and the lawyers will be it should be benefited by my presentation that's my wish. That's why I view things from two perspectives from the judges perspective as well as from the lawyers perspective. Another philosophy in the CPC you will find in section 99. It says section 99 says no decree shall be reversed or substantially vary nor shall any case be remanded in appeal on account of any misjoinder or non-joinder parties or causes of action or any error defect or irregularity in any proceedings in the suit not affecting the merits of the case or the jurisdiction of the court. So such matters like non-joinder parties, non-joinder of cause of action or any error defect etc. shall not be a reason either to reverse a decree or to vary the decree substantially nor to remand a case to the lower court if these defects do not affect the decision of the case on merits or it does not affect the jurisdiction of the court. Now when these two conditions are not satisfied, all these defects do not affect the jurisdiction of the court, these defects do not affect the merit of the finding of the court then the appellate court should affirm the decree that is the philosophy in section 99. So all these provisions would eloquently proclaim that to the extent possible the appellate court should perform its duty of deciding the case in accordance to law and facts in a given case and remand is only a very rare exception to the general rule. And in section 99 you will find one Supreme Court decision, it's a classic decision thereafter it is followed in many decisions a year 1954 Supreme Court 3400 which says that it's a salutary rule of law. It aims to prevent technicalities from overcoming the ends of justice that is what the Supreme Court in a year 54 Supreme Court 346 which is followed by Kerala High Court in a year 1979 Kerala page one full bench 79 Kerala full bench page one full bench. So these are the general aspects regarding the appellate power, no of course there are other aspects which may not be relevant for our purpose so I'm skipping those aspects. Then coming to the directly coming to the provisions dealing with the remand, we will find those provisions in order 41 rule 23 and rule 23 capital A. 23 capital A was added by 1976 amendment before that only 23 was there. 23 is a situation where the suit is disposed on a preliminary point and if the appellate court finds that the decision on the preliminary point is not correct and the suit should be fully tried. It shall not be disposed of on a preliminary point, if such a fine if the appellate court feels on the materials available in the records that the disposal of the suit on a preliminary point was bad, then it can set aside the decree passed by the court below and remand the case for a denover trial in respect of all the issues arising in the suit. For clarity I shall just take you to the relevant provision order 41 rule 23. It will be good that we read that provision it's a very small provision which says like this, where the court from whose degree and appeal is preferred has disposed of the suit upon a preliminary point and the degree is reversed in appeal, the appellate court may if it thinks fit by order remand the case and may further direct what issue or issues shall be tried in the case who remanded it and shall send a copy of its judgment and order to the court from whose degree the appeal is preferred with directions to read meet the suit under its original number in the register of civil suits and proceed to determine the suit and the evidence if any recorded during the original trial shall subject to just all just exceptions the evidence during the trial after remand. So the provision is very clear if a suit is decided on a preliminary point by the tripod and if the appellate court on reconsideration of the material is placed before it in the form of appeal and the records. If it is an opinion that the disposal of the case on a preliminary point was not legally correct and not sustainable. Then it shall set aside the degree and direct the court below to try the issues which are which arise in the case and also to read meet the suit in the same original number as it was as it was numbered when it was pending before the trial court and to reconsider the case. So if you read order 41 rule 23 you will find there are two conditions required for applying the rule one where trial court has disposed of the suit upon a preliminary point and the degree is reversed in appeal. So the disposal must be on a preliminary point not a full fledged trial and full fledged answering all the issues no only one issue for example I elaborate that for example there is a suit on a promissory file and the content of the defendant is that it is the suit is barred by limitation whereas the plaintiff would say that there is no bar of limitation because the liability has been acknowledged by a writing under section 18 of the limitation act and if the court finds without looking into the acknowledgement part if the trial court finds that yes the the suit is beyond three years from the date of promissory loop and the acknowledgement was not considered at all or it was wrongly considered and on that sole issue of limitation suppose the suit is disposed of the appeal filed by the plaintiff he can establish before the appellate court that the disposal was wrong because the court below committed a grave mistake in appreciating the case based on the law and fact. So in that even probably a remand may be required in such situations likewise suppose there is a question of jurisdiction suppose the suit is filed before a court. It's a suit and a special statute which provides a special forum for disposal of such cases for example run control legislations in our state run control courts are different from junior division that is months of school. They are different from run control court there is a separate authority suppose an eviction petition wrongly filed as a suit before a run control court then the suit is defective for lack of inherent lack of jurisdiction. If the agreeable person files an appeal and establishes before the court below that the particular area is not covered by the run control act or the run control act is not applicable to a particular class of building and the court below committed a grave mistake in finding that it has no jurisdiction. Then and if the appellate court finds that it had jurisdiction it failed to consider its jurisdiction then the degree can be set aside and it can be sent back for a decision on merits in respect of all issues arising in the suit. So these are the two situations where the try code has disposed of the suit upon a preliminary point and the degree is reversed in appeal to where the appellate court in reversing or setting aside the degree considers it necessary in the interest of justice to remand the case. Because if if the degree is reversed then certainly if there is no trial in respect of other matters certainly in the interest of justice that should be a full fledged trial. So the inevitable it is inevitable to have a remand that is conditioning situation in order 41 rule 23. The appellate court also have a power to direct what issue or issues shall be tried by the trial code and it shall send a copy of the appellate judgment for guidance of the trial code. And in this context I may take directly to section 105 of the CPC. Which says that 105 subsection 2 not understanding anything contained in subsection 1 because subsection 1 is regarding the appellate jurisdiction that of course not for our purpose. Not understanding anything contained in subsection 1 where any party agreed by an order of remand from which an appeal lies does not appeal there from he shall thereafter be recruited from disputing its correctness. So when an order of remand is made either under order 41 rule 23 or 23. If the agreed party does not challenge the order of remand in an appeal if appeal is permitted then such party will be recruited from the bar from questioning the correctness of the remand order at a later point of time. Even in the appeal he can in the first appeal he can question the correctness of the remand order. So that is why I cognate provision I just wanted to bring that back to your notice maybe it is actually connected provision that's why 105 2 is brought to your notice. So this is order 41 rule 23. And then the question one question may arise what is a preliminary point. What do you mean by preliminary point preliminary point is a point where by a decision there on will render a final decision in the entire suit. So once you take a decision on a particular point if the if that causes the disposal of the entire suit then such point is called a preliminary point for example question of limitation. Once because you know section three of the limitation I says the question of limitation has to be decided as a preliminary point if that is decided. And it is found to be the suit is found to be bar by the law of limitation then that is the end of the suit such points are called preliminary point anybody having any interest may refer to a year 1922 Madras. It's a very old decision a year 1922 Madras 505 full bench. Which clearly says a point can be said to be a preliminary point if it is such that the decision there on in a particular way is sufficient to dispose of the whole suit without the necessity for a decision on other points in the case. So such points are called preliminary point that is what is dealt with in order 41 23. And another principle to be remembered in this context is that the order of remand power to exercise the remand is a discretionary power. It was with a court to find out whether a discretion should be exercised in favor of a party or not that's a discreet judicial discretion available to the appellate court and of course as guided as laid out by the Supreme Court. The discretion has to be exercised sparingly cautiously and with a circumspection and it should be judiciously exercised that is what judiciously exercise sorry. A year 1988 Supreme Court 2123 a year 1988 Supreme Court 2123 same principle stated in a year 76 Supreme Court eight double six. So, then, then probably I just illustrate some situations where a remand becomes inevitable. Finally, I told you at the outset that remands are not looked upon with favor by the higher courts because remand will only cause this extension of litigation rather prolongation of litigation and passing laws, pecuniary laws, high laws to litigants and docket explosion to the courts. So always remand orders are not appreciated but then there may be certain situations, compelling situations where remand will have to be resorted to such situations in the life example we can say when the appellate court directs amendment of the pedigts. Suppose there is a request before the appellate court for the first time to amend allow the parties, one of the parties, either the plaintiff or the defendant to amend the pedigts. And the amendment is established to be or proved to be for a valid reason, it could not be done in the trial. But if such reason if it is established that the amendment is highly essential for the proper adjudication of the case, then the appellate court has no other go but to allow the amendment. If such an amendment is allowed probably in so many situations a further adducing evidence may be required for which it may not be possible for the appellate court normally because of the tendency of matters and other things it may not be possible for an appellate court to record evidence and allow the parties to re-agitate. Moreover the party may also lose one form of appeal if that is done by the appellate court itself. So in that event the appellate court has no other option but to remand the case. That is one situation then probably then addition of parties suppose fresh parties are added, they were committed to be added then one contingent of non-jointer was raised in the first opportunity itself. And if they are added here for the first time showing valid reasons then also there is no trial in respect of those additional parties for which a trial becomes mandatory then a remand also becomes essential. Now there may be myriad of situations like this where a remand will be compelled to do. Otherwise remand is not a routine, it is not a rule, it is only an exception. Then another principle is that once an order of remand is made by the appellate court to the trial court or the inferior court whatever it is then because in the case of a high court remand it can be to the first appellate court or to the trial court. So the order of remand should direct specifically as to which court has to deal with the case depending on the fact situation and legal issue involved in each case. And the odd compliance it is the bounded duty of the inferior court to comply the directions in the remand order. It cannot question the remand order. It cannot disobey the directions in the remand order. In 1970 Supreme Court digested 353. The court to which a case is remand it cannot go behind the order of remand because it should be guided by the directions in the remand order it cannot go behind the order of remand. So these are the principles relating to remand generally and specific to rule 23. Now coming to 23 capital A order 41 rule 23 capital A that deals with the situation which is not covered by rule 23 because we have seen in rule 23 that it is a case where remand may be necessary in a given case when the case is disposed on a preliminary issue. But 23 A deals with other situations which was added by the 1976 amendment which says like this where the court from whose decree and appeal is preferred as disposed of the case otherwise than on a preliminary point and the decree is reversed in appeal and the retry is considered necessary the appellate court shall have the same powers as it has under rule 23. So 23 A comes into play when the suit is disposed not on a preliminary point after a full fledged trial and the appellate court finds that the decree has to be reversed it is defective for some reason. And not merely reversal of a decree remand of a case is not automatic on reversal of a decree it can either reverse the decree and allow the suit or dismiss the suit. So every reversal need not resent in a remand but the appellate court should find that the decree cannot be sustained it should be reversed that is the first finding. Second finding is that there was no trial in respect of a particular issue or in respect of a particular condition. Though an issue has been cast in the case it was not properly tried and the retrial of that aspect is highly essential for the proper judicious adjudication of the case then it has to be remanded even if it is decided not on a preliminary point covering all the points. So that is 23 A so to attract 23 A there must be two situations rather three situations one the suit must have been disposed not on a preliminary point after considering every issues arising and the full fledged trial. Two the appellate court should disagree with the finding of the court below and it should arrive at a finding that a reversal of the decree is essential. Things do not stop there because every reversal may not resent in a remand and thirdly it must be established that there was no effective trial in respect of a particular aspect and the parties suffer prejudice on account of that a retrial of that is required then the court has no other option but to remand the case. So this is the split up aspects involved in the rule 23 involved in rule 23 A. Supreme Court says a retrial is to be ordered under rule 23 capital A only in cases where there has not been a proper trial by reason of something done by the court because it may be a mistake on the part of the court. So parties shall not suffer for that 1988 supplement SCC 171 1988 supplement SCC 171 an order of remand under rule 23 is generally called an open remand. Then there can be a restricted remand also possible but generally these are all open remand because the whole case is open before the court below. In the case of 23 suppose the preliminary issue was preliminary point was decided by the trial code in one way and the appellate code reverses the preliminary point and directs a retrial there cannot be a further decision on the preliminary point by the trial code. So in that sense it is a restricted remand because preliminary point when a suit is decided on a preliminary point and other issues are not answered. You can seek a remand under order 41 rule 23 and if the appellate code is convinced that the decision on the preliminary point is incorrect and it sets sex aside and directs the court below to try the other issues. Insofar as the finding in respect of the preliminary point is concerned that is final and the trial code cannot reconsider the preliminary point because it has been answered by the appellate code. Remaining points will have to be considered by the trial codes that is why it is in some decisions you will find an expression restricted remand. Now these are all judge made observations and CPC doesn't say so. Then another type of remand is rule 25 it is not actually remand it is a reference of an issue for trial. Though loosely some decisions use the expression remand actually if you read rule 25 you will understand that it is only a reference for answering an issue I shall just read that portion. Where the code from whose degree the appeal is preferred has omitted to frame or try any issue omitted to frame or try any issue or to determine any question of fact. Which appears to the appellate code essential to the right decision of the suit upon merits the appellate code may if necessary frame issues and refer the same for trial to the code from whose degree the appeal is preferred and in such case shall direct such code to take additional evidence required and such code shall proceed to try such issues and shall return the evidence to the appellate code together with the findings there on and the reasons therefore within such time as maybe if it's by the appellate code or within the extended type from type. So an issue suppose an issue has not been framed by the trial code which arises out of the bleeding going by order 14 CPC. If an issue which actually arises but not considered by the code below or if an issue has been properly framed but not answered properly not considered or answered and then no evidence there was no trial and respect of that issue. Then the appellate code on finding that such a matter is such a grave in regularity has been committed by the trial code. It can refer that issue either by framing itself or the already framed issue can be directed to be free trained by allowing the parties to reduce evidence on the issue in respect of that issue. And then here the appellate code can direct the trial code to enter a finding on that issue and both the evidence and the finding shall be retransmitted to the appellate code till then the appeal will be kept on the file of the appellate code. So there is no disposal of appeal. The difference between order 41 rule 23 and 23A on one hand and rule 25 on the other hand is that in the case of 23 and 23A remand the case is disposed by the appellate code whereas in the case of rule 25 this issue reference the appellate code retains the appeal and directs the code below either by framing an issue or asking them to allow the party to reduce evidence in respect of an issue already framed by the trial code. And after recording evidence on that issue, the code below will be obliged to enter a finding on that issue and then that will be retransmitted to the appellate code and the correctness of that finding will be considered along with the other matters in the appeal. So the appellate jurisdiction is retained. The case is retained in the appellate code in 25 remand but in other cases the case will be over in some areas appellate code is concerned. That is the essential difference between these remands in the CPC. Then in the case of a remand the appellate code is bound to fix a date for appearance of parties before the code below because otherwise they will have to issue a summons again that will be a cumbersome procedure waste of time, waste of money. So 26 A says where the appellate code remands a case under route 23 or 23 capital A or frames issues and refers them for trial under route 25. It shall fix a date for the appearance of the parties before the code from whose degree the appeal was preferred for the purpose of receiving the directions of that code as to further proceedings in the suit. So there should be a date fixed by the appellate code for appearance of parties before the first code after remand because otherwise it will be a unnecessary exercise of issuing summons by the trial code again. So these are the provisions relating to remand in the CPC and there are decisions by the Supreme Court deprecating the frivolous remands because before that I will take you to 24 also, rule 24, order 41, rule 24. Where the evidence upon the record is sufficient to enable the appellate code to pronounce judgment, the appellate code may after resettling the issues if necessary finally determine the suit not to standing that the judgment of the code from whose degree the appeal is preferred has proceeded wholly upon some ground other than that on which the appellate code proceeds. Now if there are complete evidence available in the case records and maybe there may be some mistake in the framing of issues or rather approached by the trial code, but if appellate code is satisfied then there are complete evidence available in respect of the dispute between the parties. Then it is the duty of the appellate code to decide the case by itself without resorting to the exercise of power of remand that is the spirit of rule 24, which we have already seen in the substantive section there. So these are the statutory provisions regarding remand of this judgment or cases to the code below. Then, now there are decisions by the Supreme Court on this point which say that remand is the last resort as I told you earlier this is the reason is that it will give a unnecessary lease of life to the litigation already we are there is a complaint against judiciary both. Against the bar and against the bench is that we are contributors for delaying the end result of litigation so remand should be resorted to only when it is when it is a company reason for that. Then, then after remand, unless the order of remand is challenged that the code to which it is remanded is bound to obey the directions in the order of remand and decide the case fresh. Depending on the nature of remand whether it is an open remand or a restricted remand restricted remand in the sense some issues are already been concluded that cannot be re-agitated before the trial code. In the case of an open remand entire issues become open before the trial code and they can re-agitate on the parties can re-agitate the method before the trial code. Depending on the nature of order of remand the parties will have to reduce evidence and the court the trial code will have to take a decision. Again maybe subject to an appeal as provided in order 41 that is why I say that it will only prolong the life of a litigation. So, these are the aspects relating to remand of cases in appeal and which is an appendage of appellate power available to appellate court which shall be exercised very sparingly and it is a discretionary power. It should be exercised with sound judicial reasons and with these few words probably I can stop it here because I will go over to you because if any questions. Yes, thank you. So, since it was a short topic and self-explanatory we have not received any questions on the chat as well as on the YouTube. But since sometimes people go at the end how do you like to sum it up the remand? The order of remand if I am asked to sum up the summarizing. Now the remand is an inseparable or very valuable power of an appellate court which shall be exercised only very sparingly. It is not a matter of right to seek a remand or grant a remand. It is not an easy job for a judge to see that one case is disposed of in some way. No. He shall apply his judicial mind and think about the sad plight of a litigant before remanding a case that it will give rise to another 10 years or 5 years depending on the dependency in court. A lease of life for a litigation again. Then again another round of appeal. So these are the miseries we shall not add as lawyers and as judges we shall not add miseries to litigants. We are supposed to give a swage to them not to trouble them. So remand is a dispassionary relief. It shall be very sparingly exercised and two types of remand. One is open remand under order 41.23 capital A and restricted remand under order 41.23 when the suit is disposed on a preliminary point. And 23 A deals with a remand when it is disposed on not on a preliminary point means other issues also considered. And if the court finds that there was no trial in respect of any issue then remand is inevitable and there may be compelling situations or unavoidable situations like addition of parties, amendment of pleadings where a remand may be inevitable. In other cases it shall not be granted for mere asking that is my advice to all parties concerned. Yes sir. I think people will understand the knitting gritties of remand as nicely explained by you and thank you everyone. Stay safe and stay blessed. Now one question for chance has come. Is the trial court entitled to dispose of a suit only considering a preliminary point without answering the other issues? Yes it can because suppose the question of limitation is raised. As you know section 3 of the limitation act says whether the question of limitation is taken as a defence or not, the court is bound to consider whether the suit is barred by limitation. Suppose there are 10 issues and first issue is regarding the question of limitation. The trial court finds that the suit is hopelessly barred then it has no jurisdiction to decide other issues. You can't decide other issues in a suit which is found to be hopelessly barred by limitation. So there is no chance, there is no scope for answering other issues and the suit will be disposed of only on a preliminary point of limitation. So it can be disposed in a given case. Yes. Otherwise rejection of the plaint could also come into that. Rejection of the plaint is a different situation because you can file another suit in the same court. Provide a law of limitation permits. Order 7 rule 11 says that once rejection of the plaint rule 13 says that if law of limitation permits, you can file another suit without these defects and there is no bar. Or you can file an appeal on that rejection of the plaint. His question was, is the trial court entitled to dispose of a suit only considering a preliminary point? Let's assume he takes a plea of resjudicata, let's assume a plea. Resjudicata because the difference is that resjudicata is not a pure question of law. It is a waste question of fact and law. Because resjudicata has to be decided with reference to some previous litigation. Whether such a previous litigation exists or not is a question of fact. So once that is established as a question of fact, then whether it will apply as resjudicata is a question of law. No, I am saying if it has and it becomes self explicit to the effect. Sometimes even I have seen the plaint are exactly the same except for one or two different aspects. Once it is rejected, I am saying in that question he is asking. Or let's assume it is totally barred by jurisdiction only on those issues. No, barred by jurisdiction, I can give you an example. Resjudicata, you will refer to commentaries on section 11 by Mulla or any standard textbook. You will find that it is a rule of evidence actually. Resjudicata is a rule of evidence. And it is, you will find in evidence act also 40 to 40, 42, 43, section 41, 40, 41, 42, these are all principles of extension of resjudicata principle. Resjudicata confined to CPC section level. And because mind you one thing, resjudicata beyond section level is also available. In the case of repetitions, section level is not applicable, but still the principles of general principles of resjudicata applies. So resjudicata is a matter which has to be established regarding the existence of a previous litigation between the same parties. And the issue in the first litigation is substantially the same as the issue in the second litigation. So these are all aspects to be established in a trial. And you can simply assume that yes, this is the first case is also between the same parties and the same subject. The matter directly and substantially arising in the first case is also same as the matter in the second suit. That you can't assume, which requires proof. That is why I say it is a settled proposition in law that resjudicata is a mixed question of fact and law. It is not a pure question of law. Yeah, for a red petition there are a lot of petitions. One was on the, you would be remembering that Noab Hussain versus Union of India, 77 Supreme Court 288. It said that after dispensable of the red petition, the civil suit could not have been. That exactly is the difference. If you confined to section 11 CPC, because that is in a suit, how do you decide things in a suit based on evidence? In the case of repetitions, you decide things on a fit of it. That is the difference. We also have a full bench of Punjab Reh and I could be just saying versus UT 81 Supreme Court 81 Punjab Reh and page one PLJ, which says that the trappings of resjudicata sector will come into being in a red petition. Correct. And it also, there are also a lot of judgments which says that once there is an effect, it is silent. Then even in that aspect, you can look into the affairs. It is. Yes. No, I think the leaves question, I find a question from believe whether if it's a mixed question of fact and look, can it be desired as a preliminary point? No is my answer for that question. Yeah. Right. So thank you everyone. Stay safe. Stay blessed. And tomorrow we have sessions on the sanctity of the private mediation. So do join with us. Mr. Ajay Jawad and Mr. Everyone stay safe.


Alright everybody, how are we? What is going on? Welcome back, welcome back to another video. You may be here for the first time, you may be here for the last time, but look, one thing I do have to address is the hair color. We are halfway in between brown and what is hopefully going to be peroxide blonde. Yeah, we're halfway. Don't judge. The glasses are prescription. And let's continue. Darius Slaton. I've put him into YouTube, this is what's come up. Full rookie season highlights from the New York Giants. We watched a guy called Daniel Jones yesterday and I watched the exact same video from the exact same channel and it was really good. It gave me what I needed to see. From there, I'm hoping we can see maybe some sort of interview, possibly a bit of a documentary piece. But we'll get into that. We'll get into that. The first video we're going to watch, we're going to go straight into it. Darius Slaton's full rookie season highlights for the New York Giants in 2019. He was drafted. I just read this before. Pick number 171 in the fifth round of the 2019 draft. He went to Auburn. He is a wide receiver. He is 23 years old, 185 meters tall, which is six foot one. That's my height. Exactly. And 86 kg. He played three seasons at Auburn as a wide receiver. He played his freshman sophomore and junior year. And it looks like he's decided to not continue in a senior season and go for the draft, which he got picked up. Very good. 439 for the 40 yard dash. 40 inches for the vertical jump. 11 foot three inches for the broad jump. And 11 reps on the bench press. He is slight at 86 kilos being six foot one, but he is an absolute athlete. And with that being said, I can't wait to see his speed in game. So let's look. You know, Whitehead. Calm down. Now, did he score any touchdowns? He doesn't have his eight receiving touchdowns. Wow. What a rookie season. Peter rookie. Yeah.  I saw, I actually saw that exact touchdown in the Daniel Jones video and I said, I said, wow, what a throw, but what about the catch? Everything had to be inch perfect with that play and it was playing. He's playing but a slot, isn't he? So, um, well, he sort of, all I've seen him do is come across the field. Funny man, whenever I see the Lions play, I'm like, I just never see them, you know, but it's a very distinct uniform that light blue. I like it. I really love the color. It's just, I think they just, they just struggle with the superstars. I don't know why is their salary cap not as high as others?  No. Yeah. He's going to go out and get it. That's for sure. Was it a touchdown? I'm going to make up my own mind on this one. Let's have a look. That's an action shot. If I ever did see one. Okay. What do we got? Foot, foot. Okay. No knees.  They got Barkley. They got Slayton. They got Jones. Who else they got? That's either rookie, second or third year. Show me something. I saw that touchdown on the Daniel Jones video as well. I remember saying in that previous video, how did he get open? I literally asked that, but I did not see. I didn't see that little, I didn't see that little grab of the face mask by the defender. It kind of like spun him out. Don't you just love that? That's what we call a bang off the right.  So that defender would have been better not trying to grab Darius Slayton at all. Just trying to cover him. Or maybe it was just, he just lost his footing. Maybe he did just fall over. I don't know. Either way, that was a pretty nice release. Go Slayton.  And that's a 43940. He was catching passes like that from both Eli Manning and Daniel Jones throughout the season. That was a carbon copy of what we just saw before. Let's have a look at both of those. The rookie Darius Slayton. This man, Saquon Barkley here. You want to see more videos? Subscribe below. Already have. Already have. Okay, so that was his rookie season highlights. What else we got here? Darius Slayton. Do you feel like fans are underestimating Daniel Jones? Breaking down Darius Slayton's rookie season. New York Giants, Darius Slayton. Darius Slayton, full highlights versus the Eagles. I think we're going to finish it with another New York Giants video. Film Room. Breaking down Darius Slayton's rookie season. This should be good. Inside the film room presented by Sharp, Bob Papa with two-time Super Bowl champion, Carl Banks. Bob Papa! Carl, we're going to focus in on the rookie wide receiver, Darius Slayton, and watching him create plays in yards after the catch against the Eagles. And one of the things you notice right away about this rookie is that his speed is respected. I'm going to just start this off and I'm just going to show you this is right before the snap. Corners up, slot up, get the cushion and give it. So what it requires of a season wide receiver is to see that and know how to set up a good route that's short that will give you a chance to get longer yardage. So let's just take a look at his route running, respect him, he runs a little sweat, gives himself enough room to come back outside. So he takes advantage of the cushion, he closes it down, gets the cornerback to bite, because they respect him. Yeah, okay, so that, so he's acting as if he's, well basically the wide receiver is controlling where the defender goes. I guess that's what they just said, right? So he's acting as if he's going into the middle there and then actually catching the ball as he turns, which is perfect, picture perfect, beats his man and has the speed to finish. He runs a little sweat, gives himself enough room to come back outside. So he takes advantage of the cushion, he closes it down, gets the cornerback to bite, he catches it, turns and it's a foot race. And you can see the speed when he gets the ball in his hands. You know, one of the issues that Slayton had in the off-season, one of the question marks was about catching the football and it was pretty consistent during the course of the year and against the Lions in traffic he makes a hype of a play. He really does. We're just gonna let this run. Now he's here in the slot. Now this is interesting because we've seen these plays in the previous video, but we haven't seen the breakdown and this is, this is what I love. This is Slayton here in the slot. Let's just take a look at just in traffic how he plays the football. We've seen Slayton use his route running abilities combined with speed. Here again, he takes advantage of his big body and knows how to use it.  One final look of Darius. His big body, they're saying a six foot one 86 kg man. Is a big body? I guess, well it depends who you're coming up against. I mean, Slayton from his rookie scene. It's all relative, isn't it? He has all the better cornerbacks in the NFL. Xavier Rhodes of the Minnesota Vikings and here he shows his flat out speed. Flat out speed, but he also shows a double move. So we've seen just about everything from this young rookie and it's just a matter of it's a deadly going the one way and then bang off the right. Finding it, but he goes against one of the best in the league here and he gives him a double move and never breaks stride. It's a go route. It's an all out go route, but he sets him up, gives him a little inside physicality on the outside and he's by him. And you can tell the speed he has when you watch the corner, watch the corner, grab him as he goes by because he can't catch him. And then he makes a nice adjustment to the football and a touchdown catch against the Vikings. That's a look at Darius Slayton inside the film room presented by Sharp. Hey, Giants fans, take one here. You want to see more videos, subscribe below. Sick. Great. Great stuff, guys. That was fantastic. Thank you. Thank you for being here. That we're going to call it quits on the videos for this morning. I really hope you've enjoyed yourselves. I'm actually doing a bit of a fat loss transformation at the moment. So following this, I'm going to take my camera outside and take this week's progress pictures because things have been going okay. So I'm just hoping next time I see you that my hair will be a whiter shade of blonde, let's say, because this is almost carrot top material. But I might rock it, you know, I might. I think if I can get a peroxide blonde, I'm going to shave the beard off and we're going to go Eminem.  If we can't improve on this, I'm shaving my head and it's all over. But let's hope I don't have to do that. Anyways, guys, that's enough from me. And look, I just hope you guys have enjoyed that. I hope any New York Giants fans have enjoyed these videos. I literally haven't done a reaction, haven't watched any sport in over a month. So yeah, it's been fun for me to get back into it. But you know, the New York Giants aren't my team. The Jacksonville Jaguars are my team. And with that being said, there's one thing I need to research. And that is the rumblings of Leonard Fournette being traded from the Jags.  That can't happen. That simply can't happen. I might have to change the team that I back. And if I did have to do that, I might have to just follow Leonard Fournette to whatever team he goes to. So let's see what happens there. I'm going to do my research. That's going to be the next video, but that will be the final video of the day. So I want to say, have a great day. Cheers from Christchurch, New Zealand. And peace out.