Property identification by plot number and record entry can be sufficient; appellate court need not remand when evidence is already adequate.

A plaint describing immovable property by its plot number in the Nagar Panchayat record is sufficient for identification under Order VII Rule 3 CPC, even if separate area or boundaries are not pleaded. Where the entry already exists in the revenue record, the property cannot be treated as unidentifiable on that basis alone. The appellate court was not required to remand the newly framed issue when the existing evidence was enough, because Sections 107 and 103 CPC permit final determination on the record in appropriate cases. Reversal of findings on ownership and possession solely for alleged non-identifiability was therefore unsustainable.

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Issues: Whether the lower appellate court was justified in holding that the disputed property was not identifiable and in not remitting the newly framed issue for evidence, thereby reversing the decree in favour of the plaintiff.

Analysis: The plaint described the suit property by its plot number in the Nagar Panchayat record, which was sufficient to identify immovable property under Order VII Rule 3 of the Code of Civil Procedure, 1908. The entry stood in the revenue record prior to the suit, so the property could not be treated as unidentifiable merely because its area or boundaries were not separately pleaded. The appellate court was not bound to remand the issue, since Section 107 of the Code of Civil Procedure, 1908 empowers the appellate court to determine the matter finally where the existing evidence is sufficient, and Section 103 of the Code of Civil Procedure, 1908 similarly permits determination of an issue on the record in appropriate cases. In the circumstances, the reversal of the trial court's findings on ownership and possession solely on the basis of alleged non-identifiability was unsustainable.

Conclusion: The lower appellate court erred in law, and the plaintiff's suit ought not to have been dismissed on the ground of non-identifiability or want of remand.

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