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Whether appellate court can remand matter only on ground that amendment is allowed?


Civil Appeal Nos. 4241-4242 of 2016 (Arising out of S.L.P. (Civil) Nos. 16228-16229 of 2012)

Decided On: 19.04.2016

A.A. Prakasan
Anupama and Ors.

Hon’ble Judges/Coram: Anil R. Dave and A.K. Goel, JJ.
Citation:(2017) 11 SCC 392.

A.K. Goel, J.

1. Heard the learned Counsel for the parties.

2. Leave granted.

3. The High Court has as a consequence of its decision to permit amendment, set aside the judgment of the trial court and remanded the matter. We are of the view that even after the amendment was permitted, further question whether any fresh issue was required to be framed or fresh evidence was to be led was required to be gone into before setting aside the judgment. In case it becomes necessary to frame additional issue and permit the parties to lead further evidence, a report could be called for from the trial court on such additional issue. Remand could be ordered only if the judgment of the trial court was erroneous and the appeal court could not decide the matter and not merely on an amendment being allowed.

4. In view of the above, without expressing any opinion on merits, we set aside the impugned judgment passed by the High Court. The High Court may consider the matter afresh in accordance with law.

5. Parties shall appear before the High Court for further proceedings on 25th July, 2016.

6. The appeals stand disposed of as allowed. No order as to costs.

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