https://www.taxtmi.com/caselaws?id=283324 Remand in first appeal is an exception and should be ordered only when final adjudication is not possible on the existing record. The appellate court must first consider whether the suit was disposed of on a preliminary point, whether material issues were omitted, and whether the available evidence permits decision under the powers enabling disposal on the record. A remand cannot be used merely to provide another opportunity for cross-examination or to reconstruct the case. The text also states that a pendente lite sale does not extinguish the transferor's right to prosecute the suit on title; the transferee remains bound by the result of the litigation. On that reasoning, the remand order was unsustainable. en-us Wed, 21 Dec 2016 00:00:00 +0530 Thu, 19 Sep 2019 08:18:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283324 Remand in first appeal is an exception and should be ordered only when final adjudication is not possible on the existing record. The appellate court must first consider whether the suit was disposed of on a preliminary point, whether material issues were omitted, and whether the available evidence permits decision under the powers enabling disposal on the record. A remand cannot be used merely to provide another opportunity for cross-examination or to reconstruct the case. The text also states that a pendente lite sale does not extinguish the transferor's right to prosecute the suit on title; the transferee remains bound by the result of the litigation. On that reasoning, the remand order was unsustainable. Case-Laws Indian Laws Wed, 21 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283324