The only ground on which the learned Subordinate Judge remanded the suit for a re-trial after framing additional issues is that contained in paragraph 5 of the judgment. He says:

“The evidence tendered by appellant in this Court is voluminous and consists of several very olds documents and serious questions of custody, proof, admissibility and relevancy are hinted by the respondents. The appellate Court cannot continue the trial on these lines. I therefore remand the suit for fresh disposal in the light of the following directions.”

In my view the mere fact that evidence was tendered before the appellate Court would not justify any remand of the case. The powers of the appellate Court to admit additional evidence in appeal are contained in Order 41, rule 27 of the Code of Civil Procedure as amended by this Court. Under that rule, whenever additional evidence is allowed to be produced by an appellate Court, the appellate Court is bound to record reasons for its admission. In this case the appellate Judge has overlooked the plain provisions of the Code and has remanded the suit merely because the appellant has tendered evidence. Further he has also to consider clauses (a), (b