Supreme Court of India · 2012-04-02
JEGANNATHAN vs RAJU SIGAMANI
- Citation / case number
- SC 2010/7577
- Court
- Supreme Court of India
- Petitioner
- JEGANNATHAN
- Respondent
- RAJU SIGAMANI
- Author
- R.M. LODHA
- Bench
- H.L. GOKHALE R.M. LODHA
Judgment text excerpt
The Supreme Court addressed the appeal concerning the remand of a civil suit under Order 41 of the Code of Civil Procedure, 1908. The Court held that the appellate court has the authority to remand a case for retrial under specific circumstances outlined in Order 41 Rule 23, Rule 23A, and Rule 25. The Court ultimately allowed the appeal, setting aside the High Court's dismissal of the Miscellaneous Appeal and reaffirming the appellate court's power to remand cases for further evidence and consideration.