Case Law Analysis
|Supreme Court of India
Discretion to remit under Order 41 Rule 23 CPC not automatic; must be exercised only when essential material is missing | Partition suit remand : SC
The Supreme Court overturned a High Court order remanding a partition suit, emphasizing that an appellate court’s power to send a case back under Order 41 Rule 23 CPC is discretionary, not a matter of right. Remand is permissible only when the appeal lacks essential material needed for a decision. Litigants in civil appeals must therefore demonstrate a material deficiency before seeking remand.