REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL Nos.11764­11765 OF 2018 (Arising out of S.L.P.(C) Nos. 29497­29498 of 2018)

Surjeet Singh & Anr. Etc. Etc.            ….Appellant(s)

VERSUS

Sadhu Singh & Ors.   ….Respondent(s)      

J U D G M E N T

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

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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.  

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.

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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.  Brevity being a virtue, it must be observed as

far as possible while expressing an opinion.   

5. The appeals stand dismissed in limine.

    ………...................................J. [ABHAY MANOHAR SAPRE]

                                  …...……..................................J.                        [INDU MALHOTRA]

New Delhi; December 03, 2018  

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