Remand in other cases
Full Text
Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23.
Plain English Summary
Enables remand where the trial court disposed of the suit on the merits (otherwise than on a preliminary point) and the decree is reversed in appeal and a retrial is considered indispensable; subject to stringent judicial safeguards.
Key Legal Elements
- Introduced by 1976 Amendment: Fills the legislative lacuna where disposal was on merits rather than a preliminary point.
- Reversal of Decree: The trial court judgment must be set aside by the appellate court.
- Retrial Considered Necessary: The court must reach a reasoned conclusion that a fresh trial/retrial is absolutely necessary.
- Rule 24 Limitation: Remand cannot be ordered if evidence on record is sufficient for appellate court to decide under Rule 24.
- No Remand to Fill Lacunae: Parties cannot seek remand merely to plug holes in their evidence.
- Appealable: Appeal lies under Order XLIII Rule 1(u) CPC.
Practical Note
Remand on Merits — Restraint and Strict Principles: 1. Remand Not an Easy Shortcut: In Municipal Corporation of Hyderabad v. Sunder Singh (2008) 8 SCC 485, Zarina Siddiqui v. A. Ramalingam (2015) 1 SCC 705, and Shivakumar v. Sharanabasappa (2021) 11 SCC 277, the Supreme Court repeatedly warned that appellate courts must not casually remand cases under Rule 23A as a routine shortcut to clear dockets. A remand under Rule 23A is justified ONLY when the trial was completely vitiated or proper issues were never framed and trial on whole matter was defective. 2. Primacy of Rule 24: If evidence on record is sufficient, the first appellate court—being the final court of fact and law—has a bounden duty under Rule 24 to decide the case itself rather than sending it back for another round of protracted litigation.
हिंदी पाठ
जहां उस न्यायालय ने जिसकी डिक्री के विरुद्ध अपील की गई है, मामले को प्रारंभिक बिंदु से अन्यथा निपटाया है (अर्थात गुणागुण पर), और डिक्री अपील में उलट दी जाती है तथा पुनः विचारण (Re-trial) आवश्यक समझा जाता है, वहां अपीलीय न्यायालय की वही शक्तियां होंगी जो नियम 23 के अधीन उसकी हैं।