R. NAGARAJ (DEAD) THROUGH LRS. AND ANOTHER
Vs.
RAJMANI AND OTHERS
Civil Procedure Code, 1908 — Section 100 & Order 41, Rules 23, 23A and 25 — Remand by High Court in Second Appeal — Justification — Remand in second appeal should only be ordered when specific conditions under Order 41 are met or when absolutely necessary — Remanding a case solely for framing an issue (like limitation) and fresh trial is unwarranted and impermissible, particularly when the High Court possesses sufficient material on record to decide the substantial question of law itself, and where concurrent findings on the issue already exist from the courts below — Such remand unnecessarily prolongs litigation contrary to judicial efficiency.
