Order of remand in appeal
Prakash
(Querist) 26 April 2015
This query is : Resolved
Ld counsels
During trial a particular private company was directed to produce the employment records of an employee. The company only confirmed the employment did not give complete details of the employment claiming that the employee's file has gone missing.
Basing mainly on the partial information provided by this company the trial court decided the matter.
During appeal can a prayer be made to remand the matter to trial court u/0 41 r 23 of CPC if the company's records were found and the complete employment details were found?
Does O 41 R 23 apply in this case or is it case of additional evidence under O41R27? Pls note this company was already directed by trial court to provide complete details but the details were not produced in full.
Thanks in advance.
P. Venu
(Expert) 26 April 2015
What was the decision during the trial? Who has filed the appeal (or proposes to file the appeal) and seek the prayer for remand?
Devajyoti Barman
(Expert) 26 April 2015
the order passed in appeal court is right.
Rajendra K Goyal
(Expert) 26 April 2015
Consult local lawyer and show him full case file.
Biswanath Roy
(Expert) 30 April 2015
You might be knowing civil code as it transpires from the query, hence, follow professional legal terms to obtain opinion.
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
You may answer the queries raised by expert Mr. P. Venu if you intend to get proper opinion.
