Surjeet Singh & Anr. Etc. Etc. v. Sadhu Singh & Ors.
ABHAY MANOHAR SAPRE, J.
1. Leave granted.
2. These appeals are directed against the final judgment and order
dated 24.09.2018 passed by the High Court of Himachal Pradesh at
Shimla in C.R. No.182 of 2015 and C.R. No.183 of 2015 whereby the
High Court allowed the revision petitions filed by the respondents herein.
3. Having heard the learned counsel for the appellants and on
perusal of the record of the case, we find no good ground to interfere in
the impugned order because we find that the High Court has only
remanded the case to the first Appellate Court to decide the first appeal
and cross objection afresh on merits in accordance with law. An order
of remand, in our opinion, in the facts of this case, does not call for any
interference. It is more so when in the opinion of the High Court a case
of remand was made out.
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4. Before parting, we cannot resist observing that having rightly
formed an opinion to remand the case to the First Appellate Court, there
was no need for the High Court to devote 60 pages in writing the impugned
order. In our view, it was not required. The examination could be confined
only to the issue of remand and not beyond it. At the same time, there
was no need to cite several decisions and that too in detail. B revity
being a virtue, it must be observed as far as possible while expressing an
opinion.
5. The appeals stand dismissed in limine .
Ankit Gyan Appeals dismissed in limine.