Order XLI Rule 25: Where Appellate Court may frame issues and refer them for trial to Court whose

Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from. Where the court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required; and such court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor.

Effective date: 1909-01-01

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