An appellate court cannot remand merely to revive a party’s neglected opportunity to lead evidence.

The plaintiff brought O.S. No. 1126/2015 seeking specific performance.

The defendant filed a written statement but, despite repeated adjournments, did not cross-examine the plaintiff’s witnesses, lead evidence, or produce documents. The Trial Court decreed the suit on 17 December 2024. In R.A. No. 03/2025, the First Appellate Court remanded the matter, citing the interests of justice and equity. The plaintiff challenged that remand order in this appeal.

1. Whether the First Appellate Court was justified in remanding the matter to allow the defendant to adduce evidence and make submissions.

The appeal was brought under Section 104 read with Order 43 Rule 1(u) of the Code of Civil Procedure, 1908.

An appellate remand cannot be justified merely by invoking the interests of justice and equity; the appellate court must consider the relevant circumstances and pertinent matters before ordering remand.

An appellate remand cannot be justified merely by invoking the interests of justice and equity; the appellate court must consider the relevant circumstances and pertinent matters before ordering remand.