Peter Augustine vs K.V. Xavier 2025 INSC 771 -CPC - First Appeal - Remand Order
Code of Civil Procedure 1908 - Section 96 - Order XLI - High Court set aside the Trial Court judgment remanding the matter back to the Trial Court for de-novo disposal - Allowing appeal, SC observed: The appeal could have been very well decided on the basis of the interpretation of the three documents (being the sale deed, the conveyance deed and the settlement deed) since the area of the property as well as the borders and boundaries shown were the same in all the said documents. When the matter could have been decided on the interpretation of the said three documents, again remitting the matter only for the appointment of another Court Commissioner would further delay the proceedings between the parties which have been pending for more than 14 years- In any case, if the learned Single Judge of the High Court was of the view that a Court Commissioner’s report would have assisted in deciding the appeal, the learned Single Judge of the High Court himself could have appointed the Court Commissioner and called for the report. Even then, in view of the aforesaid discussion, the same was not necessary. (Para 13-14)
