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    <title>2017 (3) TMI 1898 - Supreme Court</title>
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    <description>Where a first appellate court finds the evidence on title inadequate, it should ordinarily consider remand for retrial rather than finally non-suiting the plaintiff in appeal without giving an effective opportunity to lead further evidence. The Supreme Court held that, in the circumstances, the case was fit for remand under the appellate court&#039;s powers, with liberty to both sides to amend pleadings and adduce additional evidence. The trial court was also reminded that, in suits involving the Government or public bodies, it should endeavour to facilitate settlement where possible. The impugned judgments were set aside and the suit was restored for fresh decision on merits.</description>
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    <pubDate>Tue, 07 Mar 2017 00:00:00 +0530</pubDate>
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      <title>2017 (3) TMI 1898 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=303138</link>
      <description>Where a first appellate court finds the evidence on title inadequate, it should ordinarily consider remand for retrial rather than finally non-suiting the plaintiff in appeal without giving an effective opportunity to lead further evidence. The Supreme Court held that, in the circumstances, the case was fit for remand under the appellate court&#039;s powers, with liberty to both sides to amend pleadings and adduce additional evidence. The trial court was also reminded that, in suits involving the Government or public bodies, it should endeavour to facilitate settlement where possible. The impugned judgments were set aside and the suit was restored for fresh decision on merits.</description>
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      <pubDate>Tue, 07 Mar 2017 00:00:00 +0530</pubDate>
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