BACHCHAN DEVI vs NAGAR NIGAM, GORAKHPUR

The Supreme Court held that the High Court erred in setting aside the order of the First Appellate Court which remanded the case for fresh consideration under Order XLI Rule 25 of the Code of Civil Procedure, 1908. The Court emphasized that remand should be exercised judiciously and only when necessary for a fair trial. The Court upheld the Appellate Court's discretion to remand the case, thereby allowing the appeal and restoring the order of the Appellate Court.