Order XLI Rule 25 remand is not routine; appellate courts should decide factual issues when the record permits.

Order XLI Rule 25 of the Code of Civil Procedure permits remand only where the trial court omitted to frame or decide an issue essential to the merits. Although the rule uses permissive language, the direction to take evidence and return findings becomes mandatory once the provision is properly invoked, depending on legislative intent, scheme, object, and consequences. The power of remand is not to be used routinely, and the first appellate court, as the last court of facts, should decide the matter itself where the factual record permits. On the stated facts, remand was unnecessary merely because additional issues had been framed, and the High Court's interference was upheld.

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Issues: Whether the First Appellate Court was justified in remanding the matter under Order XLI Rule 25 of the Code of Civil Procedure, 1908, and whether the High Court was right in interfering with that remand order.

Analysis: Order XLI Rule 25 operates when the trial court has omitted to frame or try an issue, or to determine a question of fact essential to the decision on merits. The provision uses the word "may" for framing and referring issues, which is permissive, but the direction to take additional evidence and return findings is mandatory once the rule is invoked. The Court reiterated that whether "may" or "shall" is mandatory or directory depends on legislative intent, the scheme and object of the statute, and the consequences of the construction adopted. The power to remand is not to be exercised as a matter of routine, and the first appellate court, being the last court of facts, is expected to decide issues itself where the factual matrix permits. On the facts, the High Court had correctly held that the remand order was not warranted merely because additional issues had been framed.

Conclusion: The remand order was not justified, and the High Court's interference was upheld.

Ratio Decidendi: A provision framed in permissive language may still impose a mandatory duty where the statutory context, object, and consequences show that the power is coupled with an obligation; remand under Order XLI Rule 25 is permissible only when the appellate court finds an omitted or essential issue requiring trial and not as a routine course.

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