FAO 7 of 2008. 22.5.2008. Present: Mr. Janesh Gupta, counsel for the appoellants. Mr. Rahul Mahajan, counsel for the respondents. This appeal has been preferred against the order of the learned Additional District Judge, Fast Track Court, Solan remanding the entire suit to the learned trial court after setting aside the judgment and decree dated 30.4.2007, passed by the Civil Judge (Jr. Division), Solan, dismissing the suit of the plaintiffs seeking relief of possession and mandatory injunction. A direction has been issued by the Additional District Judge in the following terms:- “The case is remanded to the learned trial court with a direction to call the report of the Local Commissioner, which has been appointed by this court vide separate order made on the application filed by the plaintiffs, and thereafter to dispose off the objections, if filed, and then to decide the suit afresh in accordance with law. Copy of the order passed by this court on the application filed by the plaintiffs for appointment of Local Commissioner shall also be sent to the learned trial court. However, keeping in view facts and circumstances of the case, parties are left to bear their own costs. Decree sheet be prepared accordingly. Parties are directed to appear before learned trial court on 26.11.2007.” Strangely enough, the application for appointment of Local Commissioner is supported by an affidavit of the counsel which fact cannot, but be deprecated. This Court is anguished at this practice. In litigation, an Advocate has no personal interest to swear on facts -2- which should, according to law be affirmed by the litigating party. In case there was necessity of appointing Local Commissioner, the court could have appointed one on its own as has been held by this court in Bali Ram vs. Mela Ram and another AIR 2003 HP 87. The learned appellate court has shown undue haste in remanding the entire suit to the learned trial court for decision afresh. Whole sale remand cannot but be deprecated. Not only does it keep the litigation pending for an indefinite period of time but also subjects the parties to inconvenience by dragging them to long drawn litigation. It has been held by the Supreme Court as also this Court in numerous cases that whole sale remand must be avoided. In the facts and circumstances of the case, this appeal is allowed. The judgment in appeal of the learned appellate court is quashed and set aside and a direction is issued to the learned District Judge that he should readmit the appeal. Thereafter he will consider whether it is necessary to appoint Local Commissioner to ascertain the facts of the case keeping in view the principles as contained in the case referred to supra. Parties shall appear before the learned District Judge, Solan, on 25th June, 2008. All miscellaneous applications shall stand dismissed and all interim order shall stand vacated. Records be sent back immediately. There shall be no order as to costs. 22nd May, 2008. (Dev Darshan Sud), (cm) Judge.