Code of Civil Procedure, 1908–Order 41, Rules 23 to 25, 27 & 28–Remand of case by appellate Court after taking the additional evidence on record–Justification–First appellate Court did not discuss the legal provisions of Rules 23 to 25 & 28–Merely because the application under Order 41, Rule 27 was allowed, setting aside of the judgment and decree passed by trial Court was not a proper course–Held, appellate Court would decide the first appeal after considering the evidence taken on record by trial Court.
