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First Appeal -- Remand for Non-Framing of Specific Issue -- Appellate court should decide the dispute itself where material already on record enables adjudication
Civil Procedure Code, 1908, O.41 R.23 -- First Appeal -- Remand for Non-Framing of Specific Issue -- Remand is not to be adopted as a matter of ordinary course merely because a particular issue was not separately framed by the trial court. Being a court of first appeal, all questions of fact and law are open for its consideration, and where pleadings, evidence and issues already on record enable adjudication, the appellate court must decide the dispute itself rather than remand.
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