Remand Case Under CPC
Remand Case under CPC
Meaning of Remand
Remand means sending back a case or matter by a higher court to a lower court or authority for further action or decision.
It occurs when the higher court finds that the lower court’s decision requires reconsideration or additional proceedings to be done properly.
When Does Remand Occur?
When the appellate or revisional court finds that:
The lower court has failed to consider certain facts or evidence.
There has been a procedural irregularity.
The matter needs to be reconsidered in the light of some observations or directions.
The lower court’s decision is incomplete or requires further inquiry.
The higher court does not decide the issue finally but sends the matter back to the lower court with instructions.
Remand under CPC
The term “remand” is not explicitly defined in CPC but is an established judicial practice.
Powers for remand arise from:
Section 100 CPC (Second Appeal) — the High Court can remand the case to the trial court for fresh consideration if it finds errors.
Order 43 Rule 4 CPC (First Appeal) — appellate court can remand for further evidence or inquiry.
Section 115 CPC (Revision Jurisdiction) — revisional court may set aside order and remand.
Purpose of Remand
To ensure proper adjudication on all relevant facts.
To correct errors or omissions committed by the lower courts.
To allow lower courts to consider issues not properly dealt with earlier.
To avoid injustice and ensure fair trial.
Procedure on Remand
Higher court issues an order specifying:
What issues are to be reconsidered.
Any directions for further evidence or procedure.
The case is sent back to the appropriate lower court.
The lower court re-hears the matter or takes further evidence.
After complying with directions, the lower court delivers a fresh decision.
This fresh decision can be again challenged before the higher court.
Difference between Remand and Review
| Aspect | Remand | Review |
|---|---|---|
| Meaning | Sending case back to lower court for fresh trial | Reconsideration of same court’s judgment |
| Court Giving Order | Higher court | Same court which passed the order |
| Purpose | Fresh decision after further proceedings | Correction of error apparent on record |
| Nature | Usually involves further hearing or evidence | Limited to reconsideration of existing order |
Important Case Laws on Remand
Sudarshan Das v. State of W.B., AIR 1963 SC 1735
The Supreme Court held that remand is necessary when the lower court’s decision suffers from serious omissions or defects, and the higher court cannot decide the issue itself fairly without additional evidence.
Bharat Petroleum Corpn. Ltd. v. Great Eastern Shipping Co. Ltd., AIR 2000 SC 1025
The Court observed that remand is a tool to ensure justice and is not a reflection of weakness of the appellate court.
Union of India v. United Commercial & Industrial Enterprises Ltd., AIR 1981 SC 1203
Held that remand should be ordered with clear directions and for specific purpose only, not for redoing the entire case without cause.
State of Rajasthan v. Basant Nahata, AIR 2005 SC 2615
The Court held that remand should not be an excuse for the appellate court to avoid deciding questions but a means to ensure proper adjudication.
Example Scenario
Appellate court hears appeal and finds that the trial court did not consider important evidence.
Instead of deciding appeal outright, the appellate court remands the case to trial court.
Trial court reconsiders evidence, records fresh findings.
Appellate court thereafter decides appeal based on fresh findings.
Summary
| Aspect | Explanation |
|---|---|
| Meaning | Sending case back for fresh trial or consideration |
| Legal Basis | Section 100, Order 43 Rule 4, Section 115 CPC |
| Purpose | Correct omissions, ensure proper adjudication |
| Procedure | Directions by higher court, fresh hearing by lower court |
| Important Cases | Sudarshan Das v. W.B., Bharat Petroleum v. Great Eastern |
| Difference from Review | Remand by higher court; Review by same court |
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