Code of Civil Procedure, 1908–Order 43, Rule 1–Remand of case–Justification–Trial Court deleted three issues after the pleadings of parties–Order was not challenged by either of parties–There was no need for the appellate Court to re-frame these issues in different language and remand the case to trial Court–Further, the order of remand was not in consonance with the provisions contained in either Rule 23A or 25–Held, impugned order set aside and appellate Court is directed to dispose the appeal.
