JUDGMENT

1. By my order dated the 8th December 1921, I remitted certain issues to the lower Appellate Court under Order 41, Rule 25, Civil Procedure Code, for trial. That Court in its turn remitted those issues to the Court of a Munsiff, First Class, and directed it to record evidence and forward it with its opinion. The Court of the Munsiff in accordance with the direction of the learned District Judge recorded the evidence of certain witnesses and came to certain findings upon that evidence. The learned District Judge, however, after receipt of the findings went into the evidence himself and came to a different conclusion from that arrived at by the learned Munsiff. On receipt of this finding certain objections were filed on behalf of the respondent after the period fixed by me.

2. On the case coming up for hearing before me Dr. Shuja-ud-din for the plaintiff-respondents raised the following contention, namely, that the lower appellate Court had no power to delegate its duties to the Munsiff and that, therefore, the Munsiff had no authority to record the additional evidence in the case, or express any opinion upon it. In support of this contention the learned Counsel has relied upon Lahore Bank, Limited v. Lakhi Ram [1913] 242 P.L.R. 1913 and Sabri v. Ganeshi [1892] 14 All. 23. In both these decided cases the findings recorded by the First Court were accepted by the lower Appellate Court, and it was held by the High Court that all the proceedings were ultra vires. In this case there is this distinction that the lower Appellate Court has not accepted the opinion of the First Court, but in principle it is not possible to distinguish the case from the reported cases relied upon. If the lower Appellate Court had no power to remit the issues to the Court subordinate to it for trial, all the proceedings must be held to be ultra vires. The objection taken is highly technical, but being bound by the Division Bench ruling, I must give effect to it. I accordingly remit the issues again to the lower Appellate Court for trial according to law.