Supreme Court: Appellate court should remand the case when the factual findings of Trial Court are reversed and a re-trial is considered necessary

 Such cases where retrial is considered necessary because of any particular reason and more particularly for the reason that adequate opportunity of leading sufficient evidence to a party is requisite, stand at entirely different footings than the cases where evidence has already been adduced and decision is to be rendered on appreciation of evidence. It also remains trite that an order of remand is not to be passed merely for the purpose of allowing a party to fill-up the lacuna in its case.

25.5. It gets perforce reiterated that the occasion for remand would arise only when the factual findings of Trial Court are reversed and a re-trial is considered necessary by the Appellate Court.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 6076 of 2009

Decided On: 24.04.2020

Shivakumar and Ors. Vs. Sharanabasappa and Ors.

Hon'ble Judges/Coram:

A.M. Khanwilkar, Hemant Gupta and Dinesh Maheshwari, JJ.

Author: Dinesh Maheshwari, J.

Citation: MANU/SC/0395/2020,(2021) 11 SCC 277,2020 SCCONLINE SC 385.

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