IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO No.314 of 2008. Date of decision: 18.03.2009. Ashok Kumar & Others …Appellants Versus Smt.Rajni Devi & Others …Respondents. Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Appellants: Mr.G.D. Verma, Senior Advocate with Mr.Romesh Verma, Advocate. For Respondents 1 to 3: Mr.Rajiv Rai, Advocate. and 5. Dev Darshan Sud,J. This appeal has been preferred by the plaintiffs against the order passed by the learned Additional District Judge- (I), Kangra at Dharamshala remanding the case for retrial by the learned trial Court. On hearing the parties, the point for determination framed for adjudication was as to whether the application for amendment of the written statement should be allowed or not. The learned trial Court concluded that the amendment asked for was necessary for just determination of the controversy between the parties. The Court held that the alternative plea of adverse 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 possession will in no way grant any advantage to the defendants to retract from any admission etc. if made in the written statement. The appeal was allowed and the case was sent back to the trial Court for decision afresh in accordance with law. I have heard learned counsel for the parties. I cannot persuade myself to accept the course of action as followed by the learned appellate Court. In case the amendment was to be allowed, additional issue/issues should have been framed by the learned Court and it should have called for the findings on these additional issue/issues before proceeding with the appeal or determined them itself. A whole sale remand is an unhealthy practice which has to be resorted to only in those cases where trial denovo is considered necessary. This appeal is accordingly disposed of with the following directions:- (a) The learned appellate Court i.e. learned Additional District Judge-(I), Kangra at Dharamshala, shall readmit the appeal on its file. (b) It shall frame issue or issues on the amended pleadings as allowed by it. (c) The additional issue/issues shall be tried by the learned appellate Court itself or if deemed necessary findings on such issue/issues shall be called from the trial Court. Needless to add that both parties shall be granted adequate opportunity to lead evidence. 3 (d) Parties to appear before the learned appellate Court on 29th May, 2009. March 18, 2009 (Dev Darshan Sud) (aks) Judge.