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february 2008

Supreme Court of India · 2008-02-05

Smt. Bachahan Devi & Anr vs Nagar Nigam, Gorakhpur & Anr

Citation / case number
AIR 2008 SUPREME COURT 1282
Court
Supreme Court of India
Petitioner
Smt. Bachahan Devi & Anr
Respondent
Nagar Nigam, Gorakhpur & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court addressed the application of Order XLI Rule 25 of the Code of Civil Procedure, 1908, in the context of remanding cases for fresh consideration. The Court held that the High Court correctly set aside the Appellate Court's remand order, emphasizing that remand should be rare and only when necessary. The Court affirmed that the Appellate Court could have exercised its discretion to record evidence itself instead of remanding the case, thereby ensuring a more expedient resolution of the appeal.

Smt. Bachahan Devi & Anr vs Nagar Nigam, Gorakhpur & Anr · Niyam