Remand in boundary disputes may be ordered where fuller factual inquiry and amended pleadings are needed for justice.

In a boundary and injunction dispute, the appellate court's remand under Order XLI Rule 23A was upheld because the record showed unresolved factual issues requiring fuller adjudication. Conflicting commissioner reports, differing reliance on title documents and resurvey records, and the pendency of an amendment application seeking additional reliefs supported allowing amended pleadings and further evidence. The court recognised that remand may be ordered where justice requires a fresh factual inquiry, and it is not bound to treat an existing commissioner report as conclusive. The matter was left for fresh decision by the trial court after appropriate amendment and additional evidence.

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Issues: Whether the appellate court was justified in remanding the suit under Order XLI Rule 23A of the Code of Civil Procedure, 1908 and in directing an opportunity to amend the plaint and lead further evidence.

Analysis: The suit concerned fixation of boundary and injunction, but the record showed an unresolved amendment application seeking additional reliefs. The boundary dispute also involved conflicting commissioner reports, one based on title documents and another on resurvey records, and the material disclosed matters requiring further factual adjudication, including the proper survey basis and the extent of the parties' holdings. The appellate court's power under Order XLI Rule 23A was sufficient to order remand even if there had been omissions or laches by a party, and the court was not bound to treat the existing commissioner report as conclusive. The parties were therefore to be given opportunity to amend pleadings appropriately and adduce further evidence.

Conclusion: The remand was held to be justified, and the appeal was dismissed.

Final Conclusion: The dispute was left open for fresh decision by the trial court after permitting appropriate amendments and further evidence, with no expression of opinion on the merits of the parties' rival claims.

Ratio Decidendi: In a pending civil dispute requiring fuller factual determination, the appellate court may order remand under Order XLI Rule 23A when justice so requires, even if a party has omitted to seek complete reliefs or further evidence at the trial stage.

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