Principle

APPELLATE PRACTICE – Order of Retrial – Not Appropriate Where Plaintiff’s Case Fails Completely

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Retrial is ordered only where the trial was vitiated by irregularity and the plaintiff has a case that could succeed on a proper trial. If the plaintiff's case fails completely on the merits, retrial is inappropriate. The principle prevents unnecessary retrials. The appellate court will…

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