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12. Unfortunately, the first Appellate
Courts are not appreciating these statutory
provisions in proper perspective. Though the
first Appellate Courts are vested with this
unlimited power, greater the power, greater
should be the care and caution which should
be exercised by the Appellate Court in
exercise of such power. Especially, the
power of remand should be exercised
sparingly and in rare cases. An unjustified
remand is tantamount to abdication of duty
by the first Appellate Court to decide the
case on merits finally. When the Trial Courts
are over burdened with the cases, the first
Appellate Courts which are better placed and
presided over by Judges with greater
experience, should take upon themselves
the responsibility of recording evidence and
decide the case on merits, thus shortening
the length of litigation. That is the need of
the hour. Today the litigant, the society and
the judicial system cannot afford the luxury
of the order of remand. Therefore, it is
impressed upon the first Appellate Courts,
that they would be doing a great service in
the course of fight against delay in disposal
of cases, by accepting the challenge,
exercise their appellate power judiciously,
receive and record additional evidence and
decide the cases finally. They should avoid
this temptation of remand on some pretext
or other. They should demonstrate their
resolve to shoulder responsibility and
commitment in rendering justice to the
litigant who is knocking at the door of
temple of justice patiently in anticipation of a
just decision. Judges should decide the lis.
This would be one of the ways of not only
reducing the delay in disposal of Cases, but
also avoiding docket explosion, within the
existing legal frame work."