The main legal point established in the judgment is that the Trial Judge must comply with the provision of order XIV Rule 2 of the Code of Civil Procedure by pronouncing judgment on all issues and deciding the issues separately. The Appellate Court should not pass an order of remand in a routine manner and should dispose of the appeal on merit.

JUDGMENT

Bibek Chaudhuri, J. - The instant First Miscellaneous Appeal is directed against the judgement and order of remand passed by the learned Additional District Judge, 2nd Court, Barrackpore in Title Appeal No. 61 of 2013 analogously with Title Appeal No. 62 of 2013 on 27th January, 2016.

2. Suffice it to say that the appellants as plaintiffs filed Title Suit No. 245 of 2001 against the defendant for eviction and recovery of khas possession in respect of the suit property along with consequential reliefs impleading the defendant as a ranked trespasser in respect of the same. The defendant, on the other hand, instituted Title Suit No. 338 of 1989, since renumbered as Title Suit No. 298 of 1999 against the plaintiffs of the subsequent suit praying for declaration of his title, eviction of the defendants on revocation of licence and permanent injunction.

3. Both the suits were heard analogously. The learned Trial Judge decreed the suit filed by the appellants and dismissed the suit filed by the present respondents. The respondents preferred two appeals against the judgement and decree passed in Title Suit No. 245 of 2001 and judgement and decree of dismissal passed in Title Suit No. 298 of 1999 which were registered as Title Appeal No. 61 of 2013 and Title Appeal No. 62 of 2013.

4. Both the aforesaid appeals came up for hearing before the learned Additional District Judge, 2nd Court at Barrackpore, when the learned Judge vide his judgement dated 27th January, 2016 allowed the appeal by setting aside judgements and decrees passed in the aforesaid suits and remanding the suits back to the learned Trial Court. The present appellants have assailed the said judgement and order of remand passed by the learned First Appellate Court in the above-mentioned appeals by preferring two separate miscellaneous appeals. These appeals came up for hearing for admission before the Hon'ble Division Bench of this Court and vide order dated 20th March, 2017, the Hon'ble Division Bench passed an order admitting the appeals to be heard. However, on perusal of the order passed by the Hon'ble Division Bench on 20th March, 2017, I find that no question of law was formulated on the basis of which the appeal is required to be heard. Accordingly, at the time of hearing of this appeal this Court has formulated the following questions of law for adjudication of the appeal:-

(i) Whether the learned Judge in First Appellate Court erred in law in remanding the suits for fresh trial without taking any contrary view against the finding made by the learned Trial Judge while disposing of the said suits and thereby the order of remand was passed disobeying the statutory precondition contained in order XLI Rule 23 of the Code of Civil Procedure;

(ii) Whether the learned Judge in First Appellate Court erred in law in remanding the suits back for fresh trial only because the learned Trial Judge did not discuss the issues framed in the suits separately and all the issues were taken up together for determination;

(iii) Whether the judgement and decree passed by the learned Trial Court in both the suits were passed in compliance with the provision of order XX Rule 5 of the Code of Civil Procedure.

5. For the sake of convenience and gravity of discussion I take up the first two questions of law together for discussion.

6. The provisions of remanding a suit for trial are provided in Rule 23 and Rule 23A of order XLI of the Code of Civil Procedure. The said provisions read as under:-

"23. Remand of case by Appellate Court. - Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree 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 so remanded, and shall send a copy of its judgement and order to the Court from whose decree the appeal is preferred, with directions to re-admit the suit under its origina