In Brief
The Supreme Court clarified that when a High Court Division Bench remits a case for fresh consideration by the Single Judge with liberty to file an application under Order VII Rule 11 CPC (seeking rejection of plaint), the previous application should be revived rather than finally disposed. The Court held that parties retain the liberty to amend pleadings and take fresh contentions. The remission requires uninfluenced reconsideration of all available legal contentions on merits by the High Court, without being bound by prior orders.
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