Remand for fresh trial where evidence is inadequate: party must get an effective chance to adduce further proof

Where a first appellate court finds the evidence on title inadequate, it should ordinarily consider remand for retrial rather than finally non-suiting the plaintiff in appeal without giving an effective opportunity to lead further evidence. The Supreme Court held that, in the circumstances, the case was fit for remand under the appellate court's powers, with liberty to both sides to amend pleadings and adduce additional evidence. The trial court was also reminded that, in suits involving the Government or public bodies, it should endeavour to facilitate settlement where possible. The impugned judgments were set aside and the suit was restored for fresh decision on merits.

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Issues: Whether the matter should be remanded to the trial court for fresh adjudication after setting aside the appellate judgment, with liberty to the parties to amend pleadings and adduce additional evidence.

Analysis: The appellate court had upset the trial court's decree and non-suited the plaintiff on the ground that title had not been adequately proved. The Supreme Court held that, even assuming that further proof of title was required, the proper course was not to finally reject the suit in appeal without giving an effective opportunity to lead further evidence. In the circumstances, the case was fit for remand under the appellate court's remand powers, and the trial court was also reminded of its duty in suits involving the Government and public bodies to endeavour to facilitate settlement where possible.

Conclusion: The matter was required to be remitted to the trial court for a fresh decision on merits, with liberty to both sides to amend pleadings and adduce additional evidence.

Final Conclusion: The appeal succeeded, the impugned judgments were set aside, and the suit was restored for retrial by the trial court in accordance with law.

Ratio Decidendi: Where a first appellate court finds the evidentiary basis of a decree inadequate, it should, in an appropriate case, remit the matter for retrial and afford the party an opportunity to produce further evidence rather than finally non-suiting the party in appeal.

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