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Jegannathan vs Raju Sigamani & Anr on 2 April, 2012

18. It is also to be noted here that while dealing with the issue of remand, Hon'ble Supreme Court in the case of Jegannathan v. Raju Sigamani, reported in (2012) 5 SCC 540, held that if the appellate court holds that the trial court that passed the decree omitted to frame or try any issue or determine any question of fact essential to decide the matter finally, the appellate court, invoking the provision of Order 41 Rule 25 CPC, may remit the matter and also it may direct taking of evidence. The relevant para is reproduced herein below:-
Supreme Court of India Cites 4 - Cited by 49 - R M Lodha - Full Document
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