Code of Civil Procedure, 1908–Order 41, Rule 27–Rajasthan Tenancy Act, 1955–Secs. 88 & 188–Remand of the case by BOR–Justification–Suit for declaration and permanent injunction–Trial Court had framed the issues of possession and res judicata–Both the Courts below recorded their specific findings over these issues–BOR was required to examine the correctness of findings after application of mind on the pleadings and evidence on record–BOR exceeded the jurisdiction in remanding the matter–Impugned order is set aside and BOR is directed to decide the second appeal on merits.
