Supreme Court of India · 2008-12-04
SUMER CHAND vs MEWA RAM .
- Citation / case number
- SC 2007/10540
- Court
- Supreme Court of India
- Petitioner
- SUMER CHAND
- Respondent
- MEWA RAM .
- Author
- S.B. SINHA,CYRIAC JOSEPH, , ,
- Bench
- S.B. SINHA,CYRIAC JOSEPH, , ,
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 for additional evidence due to amendments in the pleadings as per Order VI Rule 17 of the Code of Civil Procedure. The Court clarified that a counsel has the authority to request remand on behalf of their client, referencing the precedent set in Employees in relation to Monoharbahal Colliery, Calcutta Vs. K.N. Mishra & Ors. (AIR 1975 SC 1632). The appeal was dismissed, affirming the lower court's directive for a fresh decision within three months.