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ANIL KSHETARPAL
Pal Singh (Deceased) – Appellant
Versus
Ashok Kumar Jain – Respondent
JUDGMENT
Anil Kshetarpal, J. (Oral)
SAO-100-2017
In this second appeal against order, the defendants assail the correctness of the First Appellate Court's order remitting the matter back to the trial Court for fresh decision.
2. On a perusal of the impugned order, it becomes evident that the Court found that the suit property comprised in Plot No.238 and 239 are situated in different 16 biswas area as compared to 10 biswas area and the same khasra number. The Court also found that clarity on this aspect can be brought about by appointing a local commissioner. The First Appellate Court's also held that the following additional issues are required to be adjudicated:-
The Appellate Court must set aside the lower court's judgment on merits before remanding a case under Order XLI Rule 23A of the CPC, emphasizing caution in remand orders.
Remand of a case requires substantial grounds and cannot be based solely on procedural errors or the allowance of additional evidence.
The appellate court's power to remand is limited to specific conditions under the CPC, emphasizing the need for a thorough evaluation of the trial court's judgment.
The main legal point established in the judgment is the limited circumstances under which remand is permissible and the need to decide the case on merits rather than remanding it back to the trial co....
The First Appellate Court's remittance of a case to the trial Court was improper as it did not follow the procedural requirements of the Code of Civil Procedure.
The First Appellate Court's power to remit cases is governed strictly by the CPC, and must only be exercised when necessary to ensure fair trial.
The appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
The suit must be decided on a preliminary point for remand to be permissible, as per the relevant sections and rules of the Civil Procedure Code.
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