1985 Supreme(AP) 351

Andhra Pradesh High Court
Judges : K.RAMASWAMY
K. Sriramulu - Appellant
Versus
K.V. Radhakrishnamurthy - Respondent
A.A.O. No. 925/84
Decided On : 08-22-85
Advocates Appeared :
Mr. S. Venkat Reddy, Mr. P.L.N. Sarma

Headnote:CIVIL PROCEDURE CODE, Order 41 Rule 23-A - as introduced by the Amended Act of 1976 - Order of remand without considering the evidence or record - Not legal

       Held : The order of remand made without coming to a conclusion that the decision of a trial Court is wrong and that it is necessary to reverse or set aside the decree, is illegal The appellate Court has to consider the evidence on record and than to arrive at a conclusion whether the finding recorded by the trial Court cannot be supported on evidence or record Then the further question to be considered is whether it is a case for remand In that behalf, conduct of the parties has to be considered viz, whether they have sufficient opportunity to adduce evidence at the trial but not brought on record If not, whether it would be a case to afford to such an opportunity

       AAO Allowed