Remand – when a finding on an issue gives an impact on the result of the case, lack of finding makes the judgment liable to be set aside and results in remand.

2020 APEX COURT [17]-Remand – when a finding on an issue gives an impact on the result of the case, lack of finding makes the judgment liable to be set aside and results in remand.                                                                                                                                 Suit for declaration of title and possession of the suit property. The respondent(s)- defendant(s) had relied on a Will purportedly executed by Royappa Padayachi, the original owner of the suit properties.- but the Will do not form part of the suit property. Trial Court recorded that the respondent(s)-defendants had failed to produce any evidence to show that the properties bequeathed by Rayappa Padayachi, item Nos. 6 and 7 were of his ownership.-in appeal – However, the learned Single Judge did not analyse the evidence nor attempted to record a clear finding on the issue raised by the appellant-plaintiff. Similarly, the Division Bench in the impugned judgment has not dealt with the said factual aspect.-If finding on the said issue is recorded in favour of the appellant-plaintiff, the claim of the respondent(s)-defendant(s) based on the stated Will cannot be countenanced, much-less, regarded as tenable plea to resist the relief claimed by the appellant-plaintiff.-Apex court remanded – Accordingly, the High Court in the remanded proceedings will consider the challenge only in respect of Ex. B-5,