A court may remand a partition suit to allow the defendant to cross-examine witnesses and lead evidence.

The plaintiff, the mother of the deceased Shashikumar, sued for declaration and partition, asserting that the parties’ properties were joint family properties.

The appellant, Shashikumar’s widow and defendant No. 1, filed a written statement but did not cross-examine the plaintiff’s witness or lead evidence.

The trial court decreed the suit, awarding the plaintiff a one-third share in the ‘A’ schedule property and a half share in the ‘B’ schedule property, and dismissed defendant No. 1’s counterclaim.

In this appeal, defendant No. 1 sought a remand, contending that she had not received sufficient opportunity to cross-examine witnesses or present her case.

She explained that she was distressed following her husband’s death and was caring for three minor children.

Whether, in the circumstances of the case, the matter should be remanded to enable defendant No. 1 to lead evidence.

The appeal was brought under Order XLI Rule 1 read with Section 151 of the Code of Civil Procedure.

The Court applied the procedural principle that a party may be afforded a further opportunity to present evidence where the circumstances warrant it and the interests of a fair adjudication so require.

The Court noted that defendant No. 1 had filed a written statement but had not contested the suit through cross-examination of the plaintiff’s witness or by leading evidence.

Taking into account her status as a widow with three minor children and the distress she said had prevented her from pursuing the case, the Court concluded that she should receive one further opportunity to lead evidence.

It therefore considered remand necessary for fresh consideration.

It remanded the matter for fresh consideration, left all contentions open, directed the parties to appear before the trial court on 15 October 2026, and directed the trial court to dispose of the case within three months from that date.