Pudai and Others vs Gur Bux

N.N. Mithal, J.—In this First Appeal from Order, the order of remand passed by the lower appellate Court has been assailed.

Having heard the learned Counsel for the parties, I find that the tower appellate Court, instead of taking recourse to obtain additional evidence itself has remanded the suit to the trial Court for the purpose of issuing a fresh commission for survey of the disputed land. The power of remand is not be exercised very lightly and it is only in those cases in which it is not possible for the appellate Court to record additional evidence that the remand should be resorted to. In the present case, even if the lower appellate Court was of the view that none of the survey maps 46-C and 63-C was reliable, it could itself issue a commission to survey the land giving specific directions to the Commissioner. For this purpose, it was not really necessary to remand the suit which would unnecessarily result in prolongation of litigation as also unnecessary expenses to the parties. In view of the above circumstances, it is difficult to uphold the order passed by the Court below.

In the result, the appeal is allowed. The lower appellate Court will now decide the appeal on merits in accordance with law after giving an opportunity to the parties to have a fresh survey made in the light of the directions as the lower appellate Court may deem proper to give. There will be no order as to costs.