Surajmal Choudhary (Since Deceased) th. His LRs. Smt. Ratan Devi & Anr. vs. Prem Chand & Ors.

Code of Civil Procedure, 1908–Order 41, Rule 23 & 23-A–Dismissal of eviction suit on the ground of lack of evidence–First appeal–Remand of case for reconsideration after granting the opportunity of leading evidence–Petitioner failed to lead the evidence due to misapprehension of law by his counsel–
Respondent filed the written statement after five years–Powers of remand can be exercised in exceptional cases–Held, matter was rightly remanded.