Code of Civil Procedure, 1908–Order 41, Rule 23–Remand of the case by the Appellate Court with the direction to appoint the Commissioner–Sustainability–Appellate Court directed to record the status on the spot through the Commissioner which is not permissible–Both the parties produced the oral and documentary evidence–Remand was not for the purpose of decision of any issue–Trial Court gave the findings issue wise–Appellate Court was to decide the matter on the merits–Impugned judgment is not in consonance with the provisions of Order 41, Rule 23–Impugned judgment passed by the Appellate Court is liable to be set aside.
