https://www.taxtmi.com/caselaws?id=294442 Where the Code of Civil Procedure expressly provides the procedure for taking additional evidence and remand under Order 41, a court cannot bypass that scheme by invoking inherent powers to order remand. The existence of specific procedural provisions excludes resort to a different procedure under inherent jurisdiction, and any remand made contrary to that framework is a material irregularity. The Madras HC therefore held that remand cannot be ordered through inherent power when the prescribed CPC route is available, and the remand order was set aside. en-us Fri, 28 Nov 1930 00:00:00 +0530 Wed, 14 Apr 2021 18:31:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294442 Where the Code of Civil Procedure expressly provides the procedure for taking additional evidence and remand under Order 41, a court cannot bypass that scheme by invoking inherent powers to order remand. The existence of specific procedural provisions excludes resort to a different procedure under inherent jurisdiction, and any remand made contrary to that framework is a material irregularity. The Madras HC therefore held that remand cannot be ordered through inherent power when the prescribed CPC route is available, and the remand order was set aside. Case-Laws Indian Laws Fri, 28 Nov 1930 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294442