Ram Awatar Saraf vs Bharat Petroleum Corp.Ltd

The Supreme Court held that the High Court's remand of the case for fresh evidence regarding the extinguishment of tikha tenancy under the 1950 lease was improper as it did not satisfy the criteria under Order XLI Rule 23A of the Code of Civil Procedure. The Court emphasized that the High Court should have assessed the sufficiency of the existing evidence rather than ordering a retrial. Consequently, the Supreme Court set aside the High Court's judgment and directed it to reconsider the appeal on its merits, allowing for the possibility of additional evidence to be submitted by the respondent.