RAMSAHAY Vs. SHYOPYARI DEVI

JUDGEMENT

(1.) This petition arises from the judgment dtd. 15/12/2022 passed by the Board of Revenue (for short 'the Board') by which the appeal filed by the respondents has been allowed and the judgment and decree dtd. 28/10/2014 passed by the Revenue Appellate Tribunal, Jaipur (for short 'the RAA') has been quashed and set aside and the matter has been remanded back to decide the same afresh while recording finding on every each issues involved in the matter.

(2.) Learned counsel for the petitioner submits that while passing the judgment and decree dtd. 28/10/2014, the RAA has recorded a cogent finding on issue Nos.1 to 3. Counsel submits that the RAA has passed the judgment dtd. 28/10/2014, after appreciating the evidence available on the record and the same has been quashed by the Board erroneously, on the technical count that RAA has not decided the appeal by formulating the issues and point wise consideration in terms of Order 41 Rule 31 CPC and there was no occasion or reason available with the Board to remand the matter back to the RAA for rewriting of the judgment. Counsel submits that the entire evidence and material was available with the Board and the Board itself could have decided the matter on its merits, instead of remanding it back to the RAA for re-writing of the judgment. Counsel submits that the remand order would unnecessarily prolong the decision of the litigation. Counsel submits that while going beyond the parameters of remand, which are contained under Order 41 Rule 23, 23A, 24 and 25 CPC, the order impugned has been passed, which is not sustainable in the eye of law and the same is contrary to the following judgments passed by the Hon'ble Apex Court in the case of:

(3.) Counsel submits that in view of the submissions made hereinabove, interference of this Court is warranted and the order impugned passed by the Board is liable to be quashed and set aside. Counsel submits that while setting aside the order passed by the Board, a direction may be issued to the Board to decide the appeal on its merits and on the basis of the material available.