Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.1176411765 OF 2018
(Arising out of S.L.P.(C) Nos. 2949729498 of 2018)
Surjeet Singh & Anr. Etc. Etc. ….Appellant(s)
VERSUS
Sadhu Singh & Ors. ….Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1. Leave granted.
2. These appeals are directed against the final
judgment and order dated 24.09.2018 passed by the
High Court of Himachal Pradesh at Shimla in C.R.
No.182 of 2015 and C.R. No.183 of 2015 whereby the
Signature Not Verified
Digitally signed by
ANITA MALHOTRA
Date: 2018.12.03
17:00:40 IST
Reason:
1
High Court allowed the revision petitions filed by the
respondents herein.
3. Having heard the learned counsel for the
appellants and on perusal of the record of the case,
we find no good ground to interfere in the impugned
order because we find that the High Court has only
remanded the case to the first Appellate Court to
decide the first appeal and cross objection afresh on
merits in accordance with law. An order of remand,
in our opinion, in the facts of this case, does not call
for any interference. It is more so when in the
opinion of the High Court a case of remand was made
out.
4. Before parting, we cannot resist observing that
having rightly formed an opinion to remand the case
to the First Appellate Court, there was no need for
the High Court to devote 60 pages in writing the
impugned order. In our view, it was not required.
2
The examination could be confined only to the issue
of remand and not beyond it. At the same time, there
was no need to cite several decisions and that too in
detail. Brevity being a virtue, it must be observed as
far as possible while expressing an opinion.
5. The appeals stand dismissed in limine .
………...................................J.
[ABHAY MANOHAR SAPRE]
…...……..................................J.
[INDU MALHOTRA]
New Delhi;
December 03, 2018
3