RAM AWATAR SARAF vs BHARAT PETROLEUM CORP.LTD.

The Supreme Court held that the High Court's decision to remand the case for fresh evidence did not comply with the requirements of Order XLI Rule 23A of the Code of Civil Procedure, as it failed to determine whether the existing evidence was sufficient to adjudicate the issue of extinguishment of tikha tenancy. The Court emphasized that the respondent should have filed an application for additional evidence under Order XLI Rule 27, which was not done. Consequently, the Supreme Court set aside the High Court's judgment and remitted the matter for fresh consideration on merits, urging expeditious disposal within three months.