Code of Civil Procedure, 1908–Order 41, Rule 23 & 23A–Remand of case by appellate Court–Scope for–If the appellate Court finds that the lower Court has committed an error, omission or irregularity by reason of which there has not been a proper trial, or an effectual or complete adjudication of the suit, the case can be remanded for decision afresh–Similarily, if the appellate Court is of the view that error, omission or irregularity in adjudication by the trial Court has materially prejudiced the cause of litigant, it can exercise the power of remand.
