Wednesday, 3 January 2018

Whether case can be remanded to give fresh opportunity to litigant?

The prayer on behalf of the plaintiff-respondents for remand of the matter to the appellate court below for fresh hearing is to be now examined in the background of aforesaid reasons and discussions. It is well settled that the order of remand cannot be passed as a matter of routine. It is not the case on behalf of the plaintiff-respondents that the parties to the suit were not aware of their cases as pleaded and were prevented or precluded from either taking part in the proceeding or from leading evidence on their pleaded cases. It is also not their case that any issue was left undecided. Though learned counsel for the plaintiff-respondents has put much emphasis during course of his arguments that even a second appellate court has got the power to remand the matter back. There is, however, no quarrel to this proposition but the principle is also well-settled that the power of remand is not meant to provide fresh opportunity to a litigant. Merely because of the fact that the conclusions by the learned court below are not legally sustainable or the issues have been wrongly decided, the prayer for remitting the matter back for fresh consideration cannot be granted.


Second Appeal No. 197 of 2013

Decided On: 01.07.2017

 Punam Devi and Ors. Vs. Jai Narayan Rai and Ors.

Hon'ble Judges/Coram:
Vijayendra Nath, J.
Citation: AIR 2017 Patna 175.
Read full judgment here: Click here

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