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december 2008

Supreme Court of India · 2008-12-04

Sumer Chand vs Mewa Ram & Ors

Court
Supreme Court of India
Petitioner
Sumer Chand
Respondent
Mewa Ram & Ors
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the High Court's decision to remand the case back to the trial Court for fresh consideration, emphasizing the necessity of allowing parties to present additional evidence following amendments to the pleadings as per Order VI Rule 17 of the Code of Civil Procedure. The Court clarified that a counsel, having filed a Vakalatnama, possesses the authority to request a remand, referencing the precedent set in Employees in relation to Monoharbahal Colliery, Calcutta Vs. K.N. Mishra & Ors. - AIR 1975 SC 1632. The Court affirmed the High Court's order, dismissing the appellant's appeal against the remand decision.

Sumer Chand vs Mewa Ram & Ors · Niyam