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Amarchand @ Raghunathdas vs. Salagram

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Code of Civil Procedure, 1908–Order 41, Rule 27–Remand of matter after taking the additional evidence on record–Once the appellate Court was satisfied that the documents were relevant and without them, the proper judgment could not be arrived, then it was imperative for it to remand the matter–Further, at this stage, conclusion upto effect that the order passed by trial Court was good or bad would have unnecessarily prejudiced the trial Court–Held, order of remand was required to be free from any prejudice against any of the parties, and thus was justified.