Code of Civil Procedure, 1908–Order 41, Rules 23, 23-A & Sec. 115–Remand of matter by High Court–Justification–Matter of eviction–First appellate Court recorded the findings based on proper appreciation of evidence–That apart, it considered the applicability of provisions of relevant Rent Law and set aside the findings of trial Court on this issue–Thereafter, it examined all the issues on merits in light of applicable Act and recorded the findings of Eviction–Held, High Court committed error in remanding the matter.
