Shri Sanjay K. Agrawal, J.

1. The appeal has been admitted for hearing on 23.6.2016, but no substantial question of law has been framed. The following substantial question of law is framed for determination:-

"Whether the First Appellate Court is justified in making wholesale remand under Order 41, Rule 23A of the CPC merely by granting applications under Order 41, Rule 27 of the CPC and Order 6, Rule 17 of the CPC ?

2. The suit filed by the plaintiff was dismissed by the trial Court on 30th September, 2010 recording a finding on all the issues in negative. Feeling aggrieved against that judgment and decree, the plaintiff preferred Civil Appeal No.23A/2010 before the First Appellate Court. During pendency of the first appeal, two applications one under Order 41, Rule 27 and another under Order 6, Rule 17 of the CPC were filed.

3. The First Appellate Court by its impugned judgment and decree has firstly considered two applications filed under Order 41, Rule 27 of the CPC and allowed the same and thereafter proceeded to consider the application under Order 6, Rule 17 of the CPC, which was held to be necessary, but actually it was not granted and thereafter, lastly in paragraph