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2016 (12) TMI 1786 - HC - Indian LawsPossession of suit property - can the case be finally decided on all material points in controversy without an order of remand? - HELD THAT:- It would have been appreciable if the first appellate Court had engaged in an investigation on the alleged title of the plaintiff at least to the extent she had discharged her burden of proving the same before dealing with the aspect of non cross-examination of DW-1 by the plaintiff or of PW-3 by the defendant. This is the minimum and this is not appeared to have been done. All other principles requiring consideration for remanding a case follows this first step. Inasmuch as this endeavour is yet to be attempted, the impugned order of remand cannot be sustained. The first appellate court is directed to hear the matter afresh, frame appropriate points and ascertain if the case can be decided finally with the available materials, and if for reasons that it is required to record it finds a need to remand the matter consistent with the law on the subject, it may so do it.
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