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Judgment
Both the appeals are directed against the order of remand made in A.S.No.32 of 2016 on the file of the Additional Subordinate Judge,
Kumbakonam. O.S.No.2 of 2012 was filed by the first respondent herein in both Civil Miscellaneous Appeals. He sought the relief of permanent
injunction and also for declaration that the suit document is null and void. The suit was dismissed by judgment and decree dated 12.01.2016.
Aggrieved by the same, the plaintiff filed A.S.No.32 of 2016.
The Lower Appellate Court noted that the Trial Court did not give findings on certain relevant aspects. On that ground, the judgment and
decree of the Trial Court was set aside and the matter was remanded. It was also directed that the parties can be given opportunity to adduce
further evidence.
Heard the learned counsel for both parties.
I am of the view that the first appeal being a continuation of the original suit proceedings, the First Appellate Court itself can look into all the
aspects and render a final decision. If need be, parties can be permitted to adduce even additional evidence. If the material on record is sufficient
to render a satisfactory judgment, the First Appellate Court itself should dispose of the matter. Merely because, the Trial Court did not give
findings on certain issues, there was absolutely no necessity to remand the matter for that purpose. The First Appellate Court could have given a
finding on those aspects while disposing of the first appeal. The reasons set out by the Lower Appellate Court for remanding the matter are on the
face of it unacceptable. Order of remand cannot be mechanically made. It has to fulfil certain parameters. Those parameters are completely absent
in this case.
I am therefore constrained to set aside the judgment and decree dated 20.12.2016 made in A.S.No.32 of 2016 on the file of the Additional
Subordinate Judge, Kumbakonam. The matter is remitted back to the file of the first appellate Court. The First Appellate Court shall dispose of
A.S.No.32 of 2016 as expeditiously as possible. Both the Civil Miscellaneous Appeals are allowed. No costs. Consequently, connected
miscellaneous petition is closed.