Is the Rent Control Appellate Authority is having powers to remand the matter back for adducing additional evidence?
G. ARAVINTHAN (Legal Consultant / Solicitor) 22 October 2009
Is the Rent Control Appellate Authority is having powers to remand the matter back for adducing additional evidence?
H. S. Thukral (Lawyer) 23 October 2009
Most of the Rent Control Acts procedure and Rules are governed by CPC . Therefore whether to remaind back a case to trial court shall be governed by O 41 R 23 . If the suit or petition is decided in full and no issue remains undecided the power of the Appellate Court to remand back is not provided. Additional Evidence, if a party has been prevented from adducing in the Trial Court can be adduced in the Appellat Court itself.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 29 October 2009
Yes. If any question is undecided or any issue brought in the knowledge of the appeallate authority then the case can be remanded back to the Rent controller for its decision/finding thereon.
G. ARAVINTHAN (Legal Consultant / Solicitor) 29 October 2009
But where the appellate authority possess power to remand?
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