Code of Civil Procedure, 1908–Order 41, Rule 27–Remand of case for deciding the suit afresh after taking the documents produced–Justification–Appellate Court was to either take the evidence itself, or direct the Court from whose decree, the appeal was preferred, or any other subordinate Court to
take such evidence and send it when taken to the appellate Court–Neither the judgment could be set aside not the matter could be remanded for deciding afresh–Impugned order is illegal and set aside and appellate Court is directed to decide the matter in accordance with law.
