Powers of Appellate Court:
Held, it is clearly seen that under the relevant provisions of Order 41, r 23 of CPC the right of the first appellate court is unlimited. Nodoubt first appellate court by irself can decide all these matters. However, if it feels that additional evidence is required to be led in by parties and issue regarding maintainabliity is to be decided based on the facts and other relevant factors, it can remand the matter back for fresh consideration by trial court on the ljmited aspect of maintainability for which an issue is framed by itself.
KCCR 2013(4) - 2668