https://www.taxtmi.com/caselaws?id=303119 In a boundary and injunction dispute, the appellate court's remand under Order XLI Rule 23A was upheld because the record showed unresolved factual issues requiring fuller adjudication. Conflicting commissioner reports, differing reliance on title documents and resurvey records, and the pendency of an amendment application seeking additional reliefs supported allowing amended pleadings and further evidence. The court recognised that remand may be ordered where justice requires a fresh factual inquiry, and it is not bound to treat an existing commissioner report as conclusive. The matter was left for fresh decision by the trial court after appropriate amendment and additional evidence. en-us Wed, 04 Sep 2013 00:00:00 +0530 Tue, 05 Jul 2022 17:45:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303119 In a boundary and injunction dispute, the appellate court's remand under Order XLI Rule 23A was upheld because the record showed unresolved factual issues requiring fuller adjudication. Conflicting commissioner reports, differing reliance on title documents and resurvey records, and the pendency of an amendment application seeking additional reliefs supported allowing amended pleadings and further evidence. The court recognised that remand may be ordered where justice requires a fresh factual inquiry, and it is not bound to treat an existing commissioner report as conclusive. The matter was left for fresh decision by the trial court after appropriate amendment and additional evidence. Case-Laws Indian Laws Wed, 04 Sep 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303119