Law:

Section:

Case Summary

Tagline:
Appellate Court cannot remand a matter unnecessarily when complete findings on merits exist; it should decide the appeal itself to prevent prolongation of litigation.

Facts:

• Respondents No.1-4 filed a suit for specific performance of contract based on an affidavit dated 08.06.2005.
• Trial Court dismissed the suit after full trial on merits, finding that execution of the affidavit was not proved.
• Respondents appealed. The Appellate Court remanded the matter to the Trial Court solely to frame an issue on limitation, despite complete findings on merits.
• Petitioners challenged the remand, arguing that the Appellate Court’s decision was contrary to the record and unnecessary.

Legal Issues:

• Whether an Appellate Court can remand a matter unnecessarily when merits have already been adjudicated by the Trial Court.
• Whether the remand would advance justice or merely prolong litigation.

Decision:

• Petition allowed.
• Impugned judgment of Appellate Court dated 15.03.2018 set aside.
• Appeal by respondents to be treated as pending before Appellate Court, which shall hear the matter afresh on merits.

ORDER;

Anwaar Hussain, J. The findings of the Courts below are at variance. Through judgment and decree dated 23.11.2013, the Trial Court dismissed the suit instituted by respondents No.1 to 4 (“the respondents”) against the petitioners and proforma respondents No.5 to