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Judgment
The appellants herein filed O.S.No.443 of 2008 on the file of District Munsif Court, Vadipatti seeking the relief of recovery of possession.
The suit was partly decreed by judgment and decree dated 22.01.2013. Aggrieved by the same, the defendant filed A.S.No.53 of 2013. The
First Appellate Court by order dated 18.04.2015 set aside the judgment and decree of the Trial Court and remanded the matter back to the file of
the Trial Court. The Lower Appellate Court adopted such a course on the ground that the Trial Court did not render any finding on a document
marked by the defendant.
If the Trial Court had not rendered a finding on a relevant point, it is open to the Appellate Court to do so. An appeal is a continuation of the
original proceeding. If the evidence on record is sufficient, the First Appellate Court ought to render judgment itself. The reason for remanding the
matter to the file of the Trial Court is absolutely incorrect. The power to order remand is not unlimited. It is circumscribed by the parameters set
out in Order 41 Rule 23 and 23(A)of Code of Civil Procedure. Those parameters are absent in this case.
I therefore set aside the judgment and decree dated 18.04.2015 made in A.S.No.53 of 2013 on the file of the Principal Subordinate Court,
Madurai. The matter is remitted to the file of the First Appellate Court. The First Appellate Court shall hear and dispose of the first appeal
expeditiously.
This Civil Miscellaneous Appeal is allowed. No costs.
Consequently, connected miscellaneous petition is closed.