Judgment / Order : ASHOK KUMAR JAIN, J. 1. Aggrieved from judgment dated 24.04.2024 in Civil Regular Appeal Nos.57/2023 and 58/2023 passed by learned Additional District Judge, Karauli, instant CMA is preferred by appellant- defendants. 2. With the consent of learned Senior Advocate appearing for appellants and learned counsel appearing for respondent, we are disposing of the matter at this stage only. 3. Heard learned Senior Advocate for appellants and learned counsel for respondent. 4. A civil suit for possession and permanent injunction was filed by plaintiff-Govind Prasad before learned Additional Senior Civil Judge, Karauli, wherein defendants (present appellants) also filed a counter claim. Learned Trial Court after full trial has dismissed the civil suit filed by the plaintiff but allowed the counter claim and passed a decree in favour of present appellants-defendants and against the respondent-plaintiff. Aggrieved from dismissal of civil suit and also decree in counter claim, two civil appeals were preferred by plaintiff under Section 96 of CPC, and both were decided by common judgment. 5. Instead of considering the matter on merits, learned Appellate Court has set aside the judgment and decree passed by the Trial Court in counter claim. The Appellate Court has also set aside the order for dismissal of civil suit and remitted the matter back to the Trial Court for fresh consideration. Learned Appellate Court drawn a conclusion that the defendants are sailing on two boats by assailing two contrary pleas in their written statement and counter claim, and in view of inconsistent pleas, instead of deciding the issue, the Appellate Court set aside the judgment passed by Trial Court and has remitted back the matter for decision afresh. 6. A perusal of judgment of Trial Court clearly indicates that the Trial Court has considered the entire evidence and material placed on record, while drawing conclusion either against the plaintiff or in favour of defendants. The Trial Court has decided all issues before dismissing the civil suit and passing decree in counter claim. The Trial Court has not left any issue undecided while disposing the litigation. 7. The duty of First Appellate Court under Section 96 of CPC was to consider the matter on merits, on facts and on law. When the issue was fully decided by the Trial Court, then no room was left except to consider additional evidence, in any. The Trial Court has not left any issue undecided while disposing the litigation. 7. The duty of First Appellate Court under Section 96 of CPC was to consider the matter on merits, on facts and on law. When the issue was fully decided by the Trial Court, then no room was left except to consider additional evidence, in any. It there is no additional evidence then, the only option left before the Appellate Court was to agree or disagree but herein without expressing any opinion on agreement or disagreement, the Appellate Court cannot remit the matter back by setting aside a well reasoned order in a cursory and cryptic manner. The power of Appellate Court is mentioned in Order XLI of CPC, wherein Rule 23 specifically provides for remit of case by Appellate Court if same is decided on preliminary issue, but Rule 23A provides for remand in other cases, when matter was decided on merits. 8. Having considered the provision of Hon’ble Supreme Court in case of Jegannathan vs Raju Sigamani & Anr. reported in AIR 2012 SC 3788 has considered three situations under which an order of remand can be passed by the Appellate Court and held that normally the Appellate Court shall remit the matter firstly, when the suit is decided only on preliminary ground, secondly after reversal of decree, it opines that retrial is necessary. Also considered judgment in case of Ashwinkumar K. Patal Vs. Upendra J. Patel AIR 1999 SC 1125 and in case of Khatoon Dukhtar (D) through LRs. Vs. Smt. Naraini Devi & Ors. (2013) 3 DNJ 1255 (Raj.). 9. Herein, the Trial Court has decided all the issues on the basis of material placed before it, thus, the duty of the Appellate Court was to consider the evidence and material available on record and if learned Appellate Court was not in agreement with the findings recorded by the Trial Court then it has to assign its own reasons and set aside the findings recorded by the Trial Court. The First Appellate Court is free to appreciate the facts and law both under Section 96 of CPC as the First Appellate Court has an important role in civil justice system as the last Court to appreciate the facts, on merits. 10. The First Appellate Court is free to appreciate the facts and law both under Section 96 of CPC as the First Appellate Court has an important role in civil justice system as the last Court to appreciate the facts, on merits. 10. A perusal of the findings recorded by the Appellate Court clearly shows that it has not touched any ground or evidence on merits. The Appellate Court has not considered any findings recorded on merits by the Trial Court. Thus, the impugned judgment of First Appellate Court cannot be sustained and same is liable to be set aside. Since, the Appellate Court has not decided the appeals on merits, therefore, the matter is required to be remitted back for fresh consideration by the Appellate Court. 11. In view of the above, the instant CMA is hereby allowed and the judgment dated 24.04.2024 in Civil Regular Appeal Nos.57/2023 and 58/2023 are hereby set aside and remitted back for fresh consideration of both the appeals. The Appellate Court is directed to re-register both the appeals on original number and after providing an opportunity of hearing to both the parties, decide afresh, on merits in accordance with law. 12. The parties are directed to appear before learned Appellate Court on 15.01.2025. 13. Misc. application, if any, stand disposed of. 14. No order as to cost.