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 therefore within such time as may be fixed by the Appellate Court or extended by it from time to time.
Order XLI Rule 11 CPC Power to dismiss appeal without sending notice to Lower Court
Order XLI Rule 11A CPC Time within which hearing under rule 11 should be concluded
Order XLI Rule 12 CPC Day for hearing appeal
Order XLI Rule 14 CPC Publication and service or notice or day for hearing appeal
Order XLI Rule 16 CPC Right to begin
Order XLI Rule 17 CPC Dismissal of appeal for appellant’s default
Order XLI Rule 19 CPC Re-admission of appeal dismissed for default
Order XLI Rule 21 CPC Re-hearing on application of respondent against whom ex parte decree made
Order XLI Rule 23 CPC Remand of case by Appellate Court
Order XLI Rule 23A CPC Remand in other cases
Order XLI Rule 24 CPC Where evidence on record sufficient Appellate Court may determine case finally