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.