The appellate court has the discretion to remand a case for fresh evidence and filing of written statement if the plaintiff fails to prove its title, right, and interest over the suit-land based on the evidence adduced.

S.N.Pathak, J.

1. This appeal is directed against the judgment dated 21st August 1997 passed by the Additional District Judge, Kishanganj in Title Appeal No. 21 of 1993 whereby the judgment of the trial Court passed in Title Appeal No. 197 of 1987 was set aside and the suit was remanded to the lower Court for a fresh decision after giving opportunity to the plaintiff-appellant to lead fresh evidence and also an opportunity was given to the defendant-respondents to file written statement.

2. It has been submitted by the appellants lawyer that the learned appellate Court was free to decide the appeal on the evidence already or the record in stead of remanding it to the lower Court and moreover, no opportunity should have been given to the defendant-respondents to file W.S. because already sufficient time was granted to it in the trial Court itself.

3. On perusal of the remand order of the appellate Court, I find that it was held and observed that the plaintiff-appellant had failed to prove its title, right and interest over the suit-land on the basis of evidence adduced. So the judgment of the trial Court was held to be illegal, bad and perverse. In this view of the matter, the suit was remanded to the trial Court for fresh evidence and for filing of W.S. by the defendant-respondents.

4. The judgment passed by the appellate Court shows that the parties, i.e., the plaintiff-appellant and defendant respondents were allowed to lead fresh evidence over and above the evidence already on the record. That means the judgment of remand is in favour of both the parties. So, I do not think, this Court should unnecessarily interfere with the judgment of remand.

5. In the result, this appeal is dismissed and the order of remand is sustained.

The observations passed by the appellate Court regarding merit of the case shall not prejudice the trial Court in giving its fresh decision. The State-respondents shall file its W.S. positively without fail within two months from the date of receipt/production of copy of the judgment of this Court. Thereafter, the trial Court shall dispose of the suit on priority basis preferably within six months and both the parties shall cooperate with the Court in disposing of the case within the time fixed by this Court.