https://www.taxtmi.com/caselaws?id=464399 A remand under Order XLI of the Code of Civil Procedure should not be ordered routinely, because it prolongs litigation and is justified only where a re-trial is necessary, the existing evidence is insufficient, there was no real trial, or a party suffered material prejudice from lack of opportunity to adduce evidence. Where the record already contains evidence enabling proper appellate determination, the first appellate court should decide the appeal on merits rather than remand, even if the trial court omitted issues or left some factual questions unresolved. The Supreme Court held that the High Court's remand was unjustified and that the first appeal had to be heard and decided on merits. en-us Mon, 13 Feb 2023 00:00:00 +0530 Thu, 21 May 2026 10:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=464399 A remand under Order XLI of the Code of Civil Procedure should not be ordered routinely, because it prolongs litigation and is justified only where a re-trial is necessary, the existing evidence is insufficient, there was no real trial, or a party suffered material prejudice from lack of opportunity to adduce evidence. Where the record already contains evidence enabling proper appellate determination, the first appellate court should decide the appeal on merits rather than remand, even if the trial court omitted issues or left some factual questions unresolved. The Supreme Court held that the High Court's remand was unjustified and that the first appeal had to be heard and decided on merits. Case-Laws Indian Laws Mon, 13 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=464399