https://www.taxtmi.com/caselaws?id=281102 Additional evidence under Order 41 Rule 27 CPC may be admitted when the documents are material to proper adjudication and their earlier non-production is satisfactorily explained; on that basis, a remand for fresh trial under Order 41 Rule 23-A is permissible, though the appellate court should not record merits findings while remanding. In an appeal under Order 43 Rule 1(u) CPC, the court's role is confined to testing the legality of the remand order and it cannot itself decide the suit on merits or restore the trial decree; if the remand is found erroneous, the matter should be sent back for decision on merits. The High Court's merits determination was therefore beyond jurisdiction. en-us Mon, 24 Apr 2017 00:00:00 +0530 Mon, 03 Jun 2019 20:13:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=281102 Additional evidence under Order 41 Rule 27 CPC may be admitted when the documents are material to proper adjudication and their earlier non-production is satisfactorily explained; on that basis, a remand for fresh trial under Order 41 Rule 23-A is permissible, though the appellate court should not record merits findings while remanding. In an appeal under Order 43 Rule 1(u) CPC, the court's role is confined to testing the legality of the remand order and it cannot itself decide the suit on merits or restore the trial decree; if the remand is found erroneous, the matter should be sent back for decision on merits. The High Court's merits determination was therefore beyond jurisdiction. Case-Laws Indian Laws Mon, 24 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=281102