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Remand (Appellate Remand - Order XLI Rules 23 & 23A CPC)

Jurisdictional & Appellate Practice Terms

Definition

An order by an appellate court sending a case back to the trial court with directions to re-hear the matter, record missing evidence, or frame omitted issues and decide the suit afresh.

Example

The trial court dismissed a suit solely on a preliminary issue of limitation without taking evidence on the substantive merits; the High Court reverses the limitation finding and remands the suit back to the trial judge for a complete trial on all issues.