Revisional jurisdiction and remand limits: remand is exceptional where objections were already decided on merits and extra evidence is unnecessary.
A superior court exercising revisional or appellate jurisdiction should ordinarily decide a matter on merits where the subordinate court has already adjudicated the objections; remand is justified only in exceptional cases, such as failure to decide material issues, procedural prejudice, or genuine need for additional evidence. On that basis, the revisional court was said to be unjustified in remanding the execution matter to the executing court, and the request to file additional documents was unwarranted because the legality of the order could be determined on the existing record. The impugned orders were set aside and the revision was restored for fresh decision on merits.
Issues: (i) Whether the revisional court ought to have remanded the execution matter to the executing court instead of deciding the revision on merits; (ii) Whether the revisional court could permit additional documents and whether the High Court ought to have restored the executing court's order instead of remanding the revision to the revisional court.
Issue (i): Whether the revisional court ought to have remanded the execution matter to the executing court instead of deciding the revision on merits.
Analysis: A remand is justified only when the subordinate court has failed to decide material issues, when there is a procedural lacuna affecting the parties' rights, or when additional evidence is genuinely necessary. Here, the executing court had already decided all objections on merits. The revisional court was therefore required to examine the legality and correctness of that order in revision rather than sending the matter back for a fresh decision. The matter did not fall within the limited situations that justify remand.
Conclusion: The revisional court was not justified in remanding the matter to the executing court; that part of its order was unsustainable.
Issue (ii): Whether the revisional court could permit additional documents and whether the High Court ought to have restored the executing court's order instead of remanding the revision to the revisional court.
Analysis: The additional documents sought to be filed were not necessary for deciding the legality of the executing court's order. The issue could be determined on the existing record. The High Court also ought not to have finally decided the merits itself once it found fault with the revisional court's approach; the proper course was to send the revision back for fresh decision on merits in accordance with law.
Conclusion: The permission to file additional documents was unwarranted, and the High Court should have remanded the matter to the revisional court.
Final Conclusion: The impugned orders were set aside and the revision was restored to the revisional court for fresh decision on merits, with a direction to decide it expeditiously.
Ratio Decidendi: A superior court exercising appellate or revisional jurisdiction should decide the matter on merits where the subordinate court has already adjudicated the objections, and remand is warranted only in exceptional circumstances such as non-decision of material issues, procedural prejudice, or genuine necessity for additional evidence.
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