https://www.taxtmi.com/caselaws?id=173681 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. en-us Tue, 05 Feb 2008 00:00:00 +0530 Fri, 06 Nov 2015 15:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173681 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. Case-Laws Indian Laws Tue, 05 Feb 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173681