Code of Civil Procedure, 1908–Order 41, Rules 23 & 23-A–Remand of case–Justification–Appellate Court directed to trial Court to appoint the commissioner and decide the ownership of suit shop on the basis of his report–Commmisioner cannot be appointed for collecting evidence–Order is sufferring from gross illegality and infirmity–Further, the matter ws not covered by the provisions of remand–Held, impugned order set aside and appellate Court is directed to decide the appeal on merits.
