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First Appeal against Original Order No. 190 of 1982, decided on 11th December, 1982.

‑‑ O. XLI, r. 23‑District Judge finding trial Court not discussing evidence in its decision, remanding case for fresh decision after considering relevant evidence‑Parties agreeing on point that remand was uncalled for as all relevant evidence was. already on record‑Order of remand set aside.

Basent Singh v. Kartar Singh A I R 1936 Lab. 213 ref.

‑‑ O. XLI, r. 23‑Appellate Court, held, not required to remand case merely for purposes of obtaining finding on evidence that already exists on record.‑(Remand of case).

N. M. Tahir for Appellant.

Aqil Mirza for Respondent.

Date of hearing : 11th December, 1982.

This F. A. O. from an order of remand has arisen in the following circumstances.

2. Rebma, uncle of the appellant, sold some agricultural land in his favour. Another nephew of Rehma, namely, the respondent, brought a suit to challenge the sale under the agricultural custom, alleging inter alia that the sale was without consideration and legal necessity. The trial Court dismissed the suit after holding that the payment of consideration and legal necessity stood established. The respondent went in appeal before the District Judge. The learned District Judge found that the trial Court had not discussed the evidence led by the parties on the issue of consideration and legal necessity. Consequently, he set aside the judgment and decree of the trial Court and remanded the suit back to it for a free decision after considering the relevant evidence. From the order of the learned District Judge the appellant has come to this Court.

3. Counsel appearing for both parties agreed that the order of remand was uncalled for as all the evidence which the parties wanted t lead in support of their respective positions was already on the record and the learned District Judge could have recorded his own finding on the' basis thereof. This being so, I set aside the order of remand which wil unnecessarily prolong the proceedings and direct that the learned District Judge may himself examine the evidence and record his finding on they issue in question. In support of the order which I have made I will refer to the view taken in Basent Singh v. Kartar Singh A I R 1936 Lab. 213 where it was observed that the appellate Court need not send the case back to the lower Court merely for the purpose of obtaining a finding on ' evidence that already exists on the record which the appellate Court itself can weight and discuss. The costs of this appeal‑ shall abide the final event.

M. Y. M. Appeal allowed.

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