Code of Civil Procedure, 1908–Order 41, Rule 24–Invocation of powers by High Court–Justification–Neither the trial Court framed the issue touching the validity of the agreement in question nor such prayer was made in appeal–Parties did not get effective opportunities to lead evidence in support of
their respective cases–Held , High Court should have framed the specific issue and should have remanded the made to trial Court to decide the suit afresh.


