Judgment

Mrs. Alka Sarin, J.

The present appeal has been preferred by the plaintiff-appellant aggrieved by the order dated 11.01.2023 passed by the First Appellate Court, by virtue of which the judgment and decree passed by the Trial Court has been set aside and the matter has been remitted to the Trial Court with a direction to pass a judgment afresh after giving categoric findings on the additional issues framed by the First Appellate Court.

2. Learned counsel appearing on behalf of the plaintiff-appellant has contended that though the First Appellate Court has the power to remand the case, however, the same is to be exercised only in a rare situation. Learned counsel for the plaintiff-appellant would further contend that after framing of the additional issues the First Appellate Court could have itself recorded the evidence and decide the case on merits. It is further the contention of learned