Remand means to send back . Where the trial court has decided the suit on a preliminary point without recording findings on other issues and if the appellate court reverses the decree so passed, it may send back the case to the trial court to decide other issues and determine the suit . This is called remand.
According to Black’s Law Dictionary (7 Th .ed.p.1295) Remand means,
(1) The act or an instance of sending something (such as a case, claim, or person) back for future action.
(2) An order remanding a case, claim or person.
By passing an order of remand, an appellate court directs the lower court to reopen and retry the case. On remand, the trial court will readmit the suit under its original number in the register of civil suits and will proceed to determine it as per the directions issued by the appellate court.
Section 107 (1)(b) of the Code of Civil Procedure empowers an appellate court to remand a case. Specifically remand is dealt with in Order 41 Rules 23, 23A and 25. A remand cannot be ordered lightly. It can be ordered only if the following conditions are satisfied:
The suit must have been disposed of by the trial court on a preliminary point- Before the Court can exercise the power of remand under rule 23, it is necessary to show that the lower court has disposed of the suit on a preliminary point. A point can be said to be a preliminary point, if it is such that the decision thereon in a particular way is sufficient to dispose of the whole suit, without the necessity for a decision on the other points in the case .
Cite this article:
Muhammad Riyazul Ameen Memon. Scope and Utility of Procedure of Remand- An Analysis. Int. J. Ad. Social Sciences 2(1): Jan. –Mar., 2014; Page 61-63.