Higher Courts Must Avoid Unnecessary Remand Of Cases To Lower Courts : Supreme Court
The Supreme Court of India ruled on December 9, 2025, that higher courts must avoid unnecessary remands of cases to lower courts, as such orders prolong litigation rather than resolving disputes.
In Suvej Singh vs. Ram Naresh & Ors. (2025 LiveLaw (SC) 1187), the Allahabad High Court had remanded a two-decade-old revenue map correction dispute under Section 30 of the Uttar Pradesh Revenue Code, citing a breach of natural justice principles. The Supreme Court, led by Justices Rajesh Bindal and Manmohan, set aside this order, noting the issue had attained finality after multiple prior examinations by authorities, with appeals dismissed as early as 2001. The bench restored the original revenue findings, rejecting attempts to relitigate settled claims for a more favorable plot location.
The Court emphasized a shift in judicial approach: earlier, natural justice violations warranted remand for fresh hearings, but now the focus is on curtailing litigation. It stated, “The idea is to curtail the litigation and not generate it. Any unnecessary remand by a Higher Court generates a fresh round of litigation, which should be avoided.” This aligns with prior precedents discouraging remands when evidence exists for merits-based decisions.
