IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA FAO No. 212 of 2004 Date of decision July 11, 2008 __________________________________________________________ 1. FAO 212 of 2004 Kamlu ….Appellant Versus Chet Ram & others. ….Respondents ___________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 __________________________________________________________ FAO No. 212 of 2004 For the Appellant : Shri G.R. Palsra, Advocate. For the Respondents No. 1 & 2: Shri Neel Kamal Sharma, Advocate __________________________________________________________ Dev Darshan Sud, J. This appeal has been filed by plaintiff against the judgment of the learned Appellate Court remanding the matter for decision afresh on three issues as framed. Learned counsel appearing for the plaintiff submits that in case the learned Appellate Court was to call for findings only on these issues, the decree should not have been set aside, but, the issues should have been determined by the trial Court and the matter decided accordingly. It has been held time and again by the Supreme Court that a wholesale remand must be avoided in all circumstances as it leads to disputes 1 Whether reports of Local Papers may be allowed to see the judgment? 2 becoming interminable. This view has been consistently followed by this Court also. Learned counsel appearing for plaintiff submits that there was no need to frame any issue as learned trial Court has already given its findings on these issues. Without going into the merits, on the submissions made by parties, this appeal is allowed with following directions:- 1. The appeal shall be re-admitted by the learned District judge and he shall call for the findings on the three issues as framed in paragraph 12 of his judgment; 2. In case there is sufficient evidence on record, he shall decide these issues himself; 3. In case the District Judge so thinks fit, the matter shall be remanded to the trial Court for calling findings upon these issues on the evidence on record and in case fresh evidence is required, which determination shall be made by him, both the parties shall be given adequate opportunity to do so. This appeal is accordingly allowed. There shall be no order as to cost. Parties to appear before learned District Judge on 28th August, 2008. Let record which has been summoned to this Court be sent back to learned District Judge, immediately. July 11,2008 (Dev Darshan Sud) (ms) Judge