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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
YARENJUNGLA LONGKUMER
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 decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
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 remand order can only be made if the trial court skips finding on certain issues or decides the suit only on a preliminary issue. The court found that the trial courts had decided the suits on me....
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....
Counterclaims may be allowed after closing evidence if justified by circumstances; procedural rules must serve justice.
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