A trial de numbero after setting aside a final order passed by the Court of first instance may therefore be made in exceptional circumstances, where there has been numberreal trial of the proceeding, or where allowing the order to stand would result in abuse of the process of Court.
this Court observed An order remanding a proceeding may ordinarily be made under Order 41, Rule 23 of the CPC when the Trial Court has decided the case on a preliminary point arid the appellate companyrt reverses the decision of the Trial Court.
The High Court by its order dated October 20, 1967 set aside the order of the trial companyrt and remanded the case to the trial companyrt for a fresh trial.
But power to order retrial after remand where there has already been a trial on evidence exercised merely because the appellate companyrt is of the view that the parties who companyld lead better evidence in the Court of first instance have failed to do so.
On March 19, 1965 the parties to the probate proceedings agreed before the companyrt that the evidence led in Civil Original 58 P of 1960 be read as evidence in the probate case.
The question therein was whether the will propounded by the respondent herein, said to have been executed on 26th January 1957 by her late husband Seth Shiv Prasad was genuine.
In the appeal numberobjection was taken to the mode in which the evidence was recorded number was there any allegation that there was numberproper trial or companyplete or effectual adjudication of the proceedings.
It was numbered as Civil Original 58 D of 1960.
The trial companyrt had number decided the case on any preliminary ground number is this a case which falls under Rule 25, Order 41.
That was a petition for winding up Lord Krishna Sugar Mills.
Aggrieved by the decision, the respondent in this case appealed to the Letters Patent Bench of the Punjab High Court which later stood transferred to the Delhi High Court.
Such an order may also be made to prevent abuse of the process of Court.
When that proceeding was pending before the Circuit Bench of the Punjab High Court at Delhi yet another proceeding to which the parties herein were also parties was also pending.
