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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MRS. JUSTICE YARENJUNGLA LONGKUMER, J
Vanlalmawia, S/o Lalbiakliana – Appellant
Versus
Pazawna (L) r/b Sh. Vanlalthanpuia – Respondent
JUDGMENT :
Yarenjungla Longkumer, J.
Heard Mr. C. Lalfakzuala, learned counsel for the applicant and Mr. Benjamin Lalthlamuana, learned Government Advocate for the State respondent.
1. This is a second appeal filed under Section 100 of the Code of Civil Procedure (CPC for short), 1908, against the Impugned Judgment and Order dated 07.09.2023 passed by the Additional District Judge-1, Aizawl in RFA 11 of 2011, arising out of Civil Suit No. 111 of 2011. The appellant is aggrieved by the Impugned Judgment and Order dated 07.09.2023 in as much as the First Appellate Court instead of deciding the case on merit remanded the case for a de-novo trial from the stage of settlement of issues in relation to the counter-claim made by the defendants 1 and 2/respondent No. 1 and 2.
2. The appellant has challenged the Impugned Judgment and Order dated 07.09.2023, on the ground that the First Appellate Court has failed to satisfy itself as to whether remand of the case is attracted under the facts and circumstances of the case either under Order XLI, Rule 23 CPC or Order XLI, Rule 23-A CPC.
3. The contention of the appellant herein, is that the First Appellate Court was erroneously of the view that the
The appellate court must decide on merits if sufficient evidence exists, rather than remanding for a de-novo trial when the trial court has already considered the counter-claim.
The appellate court must provide cogent reasons for remanding a case, and it should decide based on existing evidence if sufficient, rather than remanding without due justification.
The central legal point established in the judgment is the interpretation of the enabling power of the Appellate Court to remit the case back to the trial court as regulated by Order XLI Rule 23 and ....
Framing additional issues -Appellate Court is empowered to frame additional issues or re-settle the issues or accept additional evidence or examine the witness if required by affording opportunity to....
The appellate court's power to remand a case for retrial is not uncanalized or unbridled, and an unjustified remand without recording a finding that the appellate court was not equipped to finally de....
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