Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0. XLI, R.27---Additional evidence, production of---Procedure---Where parties wanted to adduce any additional evidence, provisions of O.XLI, R.27, C.P.C. were applicable. (b) Civil Procedure Code (V of 1908)--- ----0. XLI, R. 24---Decision of a case on the basis of evidence already available on record---Scope---Non-framing of certain issues by Trial Court--­Effect---Where certain issues were not framed by the Trial Court and there was sufficient evidence on record, Appellate Court could decide the case under O.XLI, R.24, C.P.C. on the basis of evidence available on record. (c) Civil Procedure Code (V of 1908)--- ----0. XLI, Rr.23, 24 & 25---Remanding of case---Jurisdiction of Appellate Court, exercise of---Scope---Conditions---Requirements---Where Appellate Court could itself dispose of a case, it should refrain from remanding the case unless the Court was of the opinion that evidence on record was not sufficient---Use of provisions of O.XLI, R.23, C.P.C. could be made under exceptional circumstances requiring a determination of essential fact at the level of Courts below. (d) Civil Procedure Code (V of 1908)--- ----S. 151---Remand---Inherent residuary powers under S.151, C.P.C.--­Remand can also be made in exercise of inherent residuary powers under S.151, C.P.C.---Conditions. Remand can also be made in exercise of inherent residuary powers (section 151, C. P. C.) under the following circumstances:-- (a) where there has been erroneous exclusion of evidence; (b) where the burden of proof has been placed on the wrong party; (c) where the trial Court has misunderstood the case; (d) where material issues have not been determined by the lower Court; (e) where the suit was dismissed on the ground that it was brought in the name of the wrong plaintiff or wrong defendant; (f) where the suit was found to be bad for multifariousness; (g) where the decision is based on inadmissible evidence and such an evidence is reversed; (h) that relevant facts have not been taken into consideration; , (i) 'without parties' consent to a remand; (i) where amendment is allowed in the pleadings at an appellate stage; (k) where plaint was…

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