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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANIL KSHETARPAL
Gurtej Singh – Appellant
Versus
Gurmail Singh – Respondent
JUDGMENT :
Anil Kshetarpal, J.
Legal representatives of defendant No.1 assail the correctness of the First Appellate Court's order remitting the matter back to the trial Court for fresh decision.
2. The plaintiffs filed a suit for declaration and joint possession claiming that after the death of Sh. Saffa Singh @ Santa Singh his sons became the owner of his share. The plaintiffs' suit was dismissed by the trial Court. First appeal was filed by the plaintiffs. During the pendency of the appeal, it was noticed that proper opportunity to cross-examine PW-1 and PW-2, namely, Sh. Nirmal Singh and Sh. Lachman Singh has not been granted to the defendants. The First Appellate Court made the following observations:-
"9. Shri B.S. Maan, learned counsel for the appellant contended that the learned trial court has observed in the judgment that Nirmal Singh and Lachhman Singh have been examined as PW-1 and PW-2 respectively but they have not come into the witness box to face cross-examination. The learned counsel for the appellants contended that the said observations of the learned trial court are against and fact as opportunities were given to the defendants to cross-examine the said witnesses an
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.
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.
Remand of a case requires substantial grounds and cannot be based solely on procedural errors or the allowance of additional evidence.
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.
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....
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