Thomas P. Joseph, J.

The following substantial questions of law are framed for a decision:

(1) Whether on the facts and in the circumstances of the case the lower Appellate Court is correct in law in exercising jurisdiction and discretion under O.XLI R. 27(1)(b) of the Code of Civil Procedure, 1908 (for short, "the Code") in allowing LA. Nos. 250 and 251 of 2013?

(2) Is the lack of advice by the counsel to cause production of original of a disputed document, a contention that is not proved by any acceptable evidence, a ground enabling production of additional evidence at the appellate stage?

(3) Whether the order of remand granted by the lower Appellate Court is sustainable under O. XLI R. 23 or 23A of the Code?

(4) Whether remand of the case is sustainable in law?

2. The appeal arises from the judgment dated 27.2.2013 in A.S. No. 30 of 2012 of the Additional District Court, Ottapalam setting aside dismissal of O.S. No. 100 of 2008 of the Munsiffs Magistrate's Court, Pattambi and remitting that case for fresh decision.

3. The appellant/plaintiff sued the respondents/defendants for partition and separate possession of the ?rd share she claimed in the suit property. According to h