What is " Remand Back Prayer" in Court?
In simple terms:-
You’re telling the higher court — “Instead of deciding the matter finally here, please return it to the lower court because something important was missed, procedure was defective, evidence was not properly considered, or principles of natural justice were violated.”
Common situations where remand back is prayed for:-
1. Procedural irregularity
If the trial court passed an order without following proper procedure.
Example: No opportunity of hearing was given.
2. Non-consideration of material evidence
If crucial evidence/documents/witnesses were ignored.
3. Improper appreciation of facts
Where the lower court failed to examine facts correctly.
4. Violation of natural justice
Such as passing an ex parte order without notice.
5. Need for fresh adjudication
When further evidence or proper inquiry is necessary.
Typical legal drafting language
A remand prayer is usually written like:-
“It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to set aside the impugned order dated ___ and remand the matter back to the learned Trial Court/Authority for fresh adjudication in accordance with law after affording adequate opportunity of hearing to the parties.”
In criminal matters, it may be:-
“...and remand the matter to the learned court below for reconsideration afresh on merits.”
Example:-
If a Sessions Court dismisses a protest petition without considering witness statements, before the High Court you may pray for setting aside the order and remanding the matter back to reconsider the protest petition.
So, “Remand Back Prayer ” = request to send the matter back to the lower court for fresh lawful decision.
Post a Comment