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ACHAL KUMAR PALIWAL
Poornodaya – Appellant
Versus
Shivkant – Respondent
ORDER
1. Present miscellaneous appeal has been filed under Order 43 rule 1(u) of CPC against judgment and decree dated 1.8.2011 passed in RCA No.60-A/06, whereby, judgment and decree passed by trial Court on 24.12.2005 in RCS No.8-A/2004 has been set aside and case has been remanded back to trial Court on the grounds mentioned in para-11 of impugned judgment.
2. Learned counsel for appellants, after referring to para-9, 10 and 11 of impugned judgment, submits that First Appellate Court has wrongly set aside judgment and decree passed by trial Court and has wrongly remanded back case to trial Court for recording of evidence etc. It is also urged that in 1998, original plaintiff Balkishan expired. At the time of death of Balkishan, evidence of plaintiff was over and case was fixed for defendant evidence. After death of Balkishan, plaintiff Shivkant was brought on record on the basis of Will executed by Balkishan and plaintiff Bhagwandas was brought on record on the ground that he is adopted son of Balkishan. It is also urged that after Shivkant and Bhagwandas were added as plaintiffs, they never filed any application for affording an opportunity for adducing evidence. On above grounds
The Appellate Court cannot remand a case without meeting the specific criteria outlined in the Civil Procedure Code, particularly under Order 41, Rules 23, 23-A, or 25.
The appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
The court established that remanding a case without valid reasons violates procedural rules, especially when sufficient evidence is available for a decision.
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 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.
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