Code of Civil Procedure, 1908–Order 43, Rule 1(iv), Order 41, Rules 27 & 28 & Sec. 107–Suit for recovery of possession and mesne profit–Decreed–Appeal against–Appellate Court set aside the order and remanded the case back with the direction for allowing the cross-examination of two witnesses and to take the documents on record filed along with the application under Order 41, Rule 27–Justification–Held, appellate Court was certainly justified in permitting the cross-examination of witnesses as such right could not be denied in mechanical manner–Further, the application under Order 41, Rule 27 was also rightly allowed as the documents are relevant for just decision of case–However, the appellate Court can perform the power of Sec. 107 like to trial Court–Appellate Court was to decide the matter instead of passing the order of remand–Impugned order of remand set aside and appellate Court is directed to decide the appeal by taking the additional evidence.
