2023 YLR 532
It is settled principle that remand should not be ordered lightly where the case can be decided by the appellate court itself. Where the evidence on record is sufficient to dispose of the case by the appellate court, the case should not be remanded.
If the comprehensive issues have been framed and the evidence has been led on those issues, the learned trial court had decided the issues while appreciating the evidence on record and even if the first appellate court, has not mentioned regarding the evidence on record but has appreciated the issues in view of the already recorded reasons recorded by the
learned trial court. It will not be a case of remand because the reasons already had been recorded were found correct by the first appellate court and on the same reasons, the first appellate court has dismissed the appeal or revision filed by the said side. The grievance of the petitioner is not that the learned trial court has not properly framed the issues or has not appreciated the evidence by the learned trial court. The grievance of the petitioner is that the learned first appellate court has not mentioned the evidence of the parties on record whereas, this is not the case in this proposition. The learned first appellate court has discussed all the relevant factors which are available in the evidence of the parties even the documents have been discussed by the learned first appellate court while deciding the point of controversy in between the parties. The requirement of law is that the appellate court is to decide the controversy in between the parties and there is no need to decide each and every issue by the appellate court. This is also settled principle that where evidence on record is sufficient, appellate court may determine the case finally and there is no need to remand the case to the learned trial court.
The word judgment has been defined in section 2(9) CPC which means statement given by the judge on the grounds of a decree or order. It means judicial decision of a court or of a judge, it need not necessarily deal with all matters in issue in the suit, it may determine all those issues decided of which, the effected side adjudicating all the matters in the controversy or result in final disposal of the suit. Essential element of judgment is that there should be statement of grounds for decision. The most important ingredient of a valid judgment is the result, reasons or grounds of the decision because the validity of the judgment is to be seen from the reasoning and the same is to be challenged by the aggrieved party against which the reference to the reason. It is, therefore, necessary for the learned trial court to decide each and every issue. Whereas; it is not required by the appellate court to record finding issue-wise. And it is sufficient for the court to deal with all issues as were matters for disposal of the controversy accepting those abandoned by the appellants. The appellate court recording its findings on all the points raised before it without discussing the issue separately cannot be said to have committed any illegality or error.
As the first appellate court has decided issues No.5, 6 and 7 jointly whereas the first four issues were regarding the legal aspect of the proposition and have answered through the judgment. Therefore; this is not a case for remand. The appellate court has critically examined all the evidence on record i.e. oral as well as documentary evidence and has recorded the judgment on the basis of the same. Therefore, the contention of the petitioner is that it is a case for remand under Order XLI Rule 23 CPC to the first appellate court to record the judgment again is not sustainable in the eye of law.
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